Can a trademark be registered internationally [Expert Advice]

Last updated : Aug 10, 2022
Written by : Hortense Gualtieri
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Can a trademark be registered internationally

How do I trademark my business internationally?

In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.

Are trademarks recognized globally?

There is No “Global Trademark” Although treaties have been entered making it easier for trademark owners to extend protection of their trademarks into other countries, the world's trademark systems remain largely separate and maintained on a country-by-country basis.

How much does it cost to trademark a name internationally?

You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid Protocol, international trademark registration protects your mark in the 80 countries that are signatories, of which the U.S. is one.

Do I need to register my trademark in every country?

You are not obliged to apply for international trademark registration for all the goods and services that are covered by your national trademark registration. You can choose do so for only a selection of them. It is, however, not possible to register more goods and services than in your national registration.

How do I register my company name worldwide?

  1. Step 1: Apply to the appropriate National Trademark Office. The first step of the process entails applying to the right National Trademark Office for you.
  2. Step 2: Examination of trademark application by the WIPO.
  3. Step 3: Examination of trademark application by the National Trademark Office of each requested country.

Can a trademark be protected in more than one country?

Can an applicant secure a trademark registration covering more than one country? Yes. Several international agreements make it possible to file a single application to register a mark in more than one jurisdiction.

Does a US trademark apply in Canada?

Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.

How long does it take to register an international trademark?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Do I need to trademark my business name internationally?

Though international registration isn't a requirement and you don't have to register a trademark to enjoy some intellectual property protections in the U.S., you may do so if you plan on doing business internationally. This includes selling products or services online to international customers.

Why is international trademark important?

International Trademark registration safeguards your brand from counterfeits. In case of any infringement conducted during import or export you have the right to take legal action against such infringement.

Does a US trademark apply internationally?

Does a U.S. Trademark Registration Protect a Trademark in a Foreign Country? Trademark Protection Outside the U.S. No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.

Who can file international trademark?

The applicant should be a national of India or domiciled in India or have real and effective business or commercial establishment in India. The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.

Where do I register my international trademark?

After the trademark search, the applicant must file the international trademark registration application in Form MM2(E). The applicant should file the international trademark registration application with the Office of the Registrar of Trademarks in India, as it is the office of origin for Indian businesses.

Can a non U.S. citizen file a trademark?

From August 3, 2019, non-residents of the United States will be able to apply for registration of trademarks and patents to the United States Patent and Trademark Office (USPTO) only with an attorney who is licensed to practice law in the United States.

How do I trademark a U.S. and Canada?

  1. File your trademark in Canada.
  2. Engage an experienced trademark attorney based in the U.S.
  3. Conduct a comprehensive trademark search.
  4. File your trademark application with the USPTO.
  5. Properly maintain your U.S. trademark registration.

Can I use a trademarked name in Canada?

You may not use a trademark registered by someone else to describe your goods or services. Many registered trademarks have become part of everyday language, but you cannot use them to describe your goods or services.

Do I need a patent or trademark?

If you're trying to protect a unique mark that identifies goods from your company, you need to apply for a trademark. If you want to protect a product or the ornamental design of a product, apply for a patent.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

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Can a trademark be registered internationally

Comment by Cody Shelmon

hi everybody trademark attorney Josh gurbin here and one of the biggest questions I get from clients is how do I register my trademark internationally and there are two ways to register your trademark internationally one is through the Madrid Protocol and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you so the biggest myth we have to dispel is that there is a way to internationally register your trademark that's going to cover all the countries around the world each individual country is its own sovereign and requires its own trademark application so regardless of how you apply for your trademark on an international scale every individual country is going to review your application and approve it or refuse it based on their local register the one exception here is the European Union where there is one trademark called an European trademark that will cover all the EU countries so let's go back to the two ways that you can actually make these filings the first is through the Madrid Protocol the Madrid Protocol is a system that was created amongst a lot of different countries that said look we understand it's burdensome to go and have to hire a local attorney to file a trademark application in each individual country so we'll allow a standard application to be filled out by somebody and submitted without an attorney in the local country - as you know - any country that's a member of this treaty essentially and so what you can do is you file one application with an international organization called the World Intellectual Property Organization or WIPO and you check the box for each individual country that you would like rights then that application gets submitted to all those different countries for their own individual review and as those individual countries do their reviews they'll come back to you and they'll say up your trademarks granted here or note your trademarks refused here and if there's ever refusal of the trademark in a particular country then you have to go hire a local council to deal with the refusal in our experience and this is extraordinarily anecdotal and not scientific by any means but about 80% of the trademarks filed through the Madrid Protocol will just get accepted and then there's about 20% that won't so you you definitely have a lot of cost savings by filing through the Madrid Protocol because we don't have to hire as many local counsel but it's still not a silver bullet solution to just getting the trademark everywhere you want they're still going to be pushed back from certain countries and you're still going to have to go hire local councils sometimes to deal with that so one of the major drawbacks of using the Madrid Protocol is that you have to base that international application through the protocol on an application or registration in your home country so let's say you're a business in the United States and you filed your trademark in the US it'll take 8 to 10 months at minimum for the trademarks to go through the process here and get registered but at the same time you say you know what I want to file my trademark in China Australia the EU and I want to get these filings in now as well so let's say we file the application through the Madrid Protocol for China EU Australia and we've got the pending application here in the US if for some reason the US government denies your u.s. application and we cannot get it registered that then causes the refusal of all of those other applications we filed around the world so your Madrid Protocol application is highly dependent on your u.s. application registering and staying registered so because of this connection between your u.s. application and the foreign applications a lot of times it can be advantageous to just go in hire a local counsel in these countries to have them file the applications so that you're not tied to whatever happens in the US process so if we do a clearance search for our client we say we know your u.s. application is going to be a little risky we do not want that u.s. application being the basis of all these other international filings so in that case we'll go and we'll hire the attorney in Australia in China in the EU to make these filings individually it may be a little bit more expensive but now if something happens to the u.s. trademark we don't have to worry because these other jurisdictions they're just going to review the trademark on its own merits and it's not going to be tied to the US application now you may say well Josh that seems complicated have to go find an attorney in China we can trust your Australia that you and all these different places and that's true it's tough but that's why you know if you hire someone like myself or you hire another good trademark attorney we have relationships with these folks because we're constantly working in these jurisdictions so if somebody comes to me and says I need to file a trademark in Australia I have three or four people that I've worked with for years that I trust inherently that we can have file your application and do so at a really reasonable rate because we've vetted them and we have preferred rates sometimes with these local counsel so I hope you found this video helpful remember there is not one way to internationally register your trademark we have to go into each individual country with the exception of the EU and acquire rights and this can be done in two ways one through the Madrid Protocol and two through filing with local council in each individual country of course if you have any further questions about your trademark or your situation please feel free to drop me an email give me a call get in touch through LinkedIn however you prefer thank you so much and I'll talk to you soon you

Thanks for your comment Cody Shelmon, have a nice day.
- Hortense Gualtieri, Staff Member

Comment by gillesseylerQ

Thanks for this interesting article

Thanks gillesseylerQ your participation is very much appreciated
- Hortense Gualtieri

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