How to register a worldwide trademark [Excellent Tips]

Last updated : Sept 20, 2022
Written by : Linwood Clozza
Current current readers : 1969
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How to register a worldwide trademark

Can a trademark be worldwide?

Yes. Several international agreements make it possible to file a single application to register a mark in more than one jurisdiction. For example, a registration with the Benelux Office for Intellectual Property offers trademark protection in the Benelux territory (Belgium, Luxembourg, and the Netherlands).

How do I file for an international trademark?

You can file an international trademark application through the USPTO if: Your trademark is registered with the USPTO, or you have filed an application for registration; and. You are a national of, or domiciled in, the United States, or you have an industrial or commercial business in the United States.

How do I register a global name?

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.

How much does it cost to internationally trademark a name?

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 trademarks cover internationally?

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.

Should I register my trademark internationally?

But if you sell online, your trademarked products or services are available—at least viewable—internationally. So, international registration is a good idea. Doing business in other countries outside the U.S. means you should probably use the international trademark registration process.

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.

When should I file a international trademark?

Ideally, you should submit your international trademark application as soon as possible, once your basic application with the USPTO has been filed. One reason to move swiftly is your priority date.

How do you trademark a business name globally?

There are 2 ways of applying for registration of a trademark in other countries. You can either: file a separate application in each country where you decide to pursue registration, or. file an application under the Madrid Protocol, and in due course nominate those countries where you want to pursue registration.

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.

How much does an international copyright cost?

The initial filing fee for a trademark application in the EU is about $990 USD for a single-class application (depending on exchange rates). An application with two classes would add approximately $61, and each additional class thereafter would be another $183.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

What is international trademark system?

Madrid System. The Madrid Protocol (Protocol), an international treaty, which has been in force since April 1, 1996 and has become a convenient and economical means of securing trademark registration in member countries.

What is WIPO trademark?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

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.

How long does a WIPO trademark application take?

A decision on the scope of protection will be made within 12 months (or 18 months, for certain members) from the date WIPO notified the Office of its designation.

What does WIPO stand for?

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations, located in Geneva, Switzerland.

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.

Do you need a trademark in all countries?

You will need to apply to each country separately. We recommend that you seek advice from an intellectual property (IP) professional before you file overseas. Whichever option you choose, you will still end up with separate trade mark applications in each country.

Do I need to trademark my business name and logo?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

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How to register a worldwide trademark

Comment by Joe Trumpp

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 Joe Trumpp, have a nice day.
- Linwood Clozza, Staff Member

Comment by Millicent

Thanks for this interesting article

Thanks Millicent your participation is very much appreciated
- Linwood Clozza

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