REGISTERING A TRADEMARK IN FOREIGN COUNTRIES

Why You Should Register a Trademark Outside of The United States

Geographic borders no longer narrow the global economy. Instead, it is like the equivalent of an open marketplace with the internet being directly in the middle. An upside of this dynamic economy is many opportunities outside one’s own country. Many organizations are taking advantage of this opportunity to offer their goods and services in the international economy. As a result, international trademark protection becomes a critical component of a company’s long-term business plan. We advise individuals and businesses on global trademark registration programs here at Wilson Whitaker Rynell. Our attorneys are knowledgeable about the different international treaties under which an applicant can file one trademark application and simultaneously gain protection in numerous countries. This type of trademark registration program appeals to businesses seeking to acquire and protect trademark rights across the globe cost-effectively.

Expand Your Trademark Rights Outside U.S. Borders

You might be interested in using your U.S. trademark registration as a basis for acquiring an International Registration to gain protection for your Mark in multiple foreign countries; filing under one of the international treaties will provide you with the intellectual property protection you are looking for while expanding your brand. Wilson Legal Group can assist you with your international transaction and help develop your trademark rights beyond U.S. borders.

How Do You File a Trademark Application in Foreign Countries?

A company could implement an abundant amount of strategies when developing an international trademark program. The options can include filing a national application directly with each country or filing under one of the international treaties to protect your Mark in multiple countries simultaneously. At Wilson Legal Group, we develop a thought-out strategic analysis based on an understanding of the complexity of each option.

Each option will have advantages and disadvantages that will have to be considered before moving forward. The initial cost of filing is less than filing separate national applications. However, one drawback is that your International Registration will depend on your USPTO registration or application for five years. In other words, the rights granted by an International Registration can be extinguished if its' home application does not mature to registration or is abandoned in the first five years. If this occurs, you can transform the international registration into a series of national applications to the designated countries while keeping the date of the original international registration. We will develop an effective foreign registration program based on each client's respective circumstances.

There are many different trademark laws around the world. Therefore, consulting with a Trademark attorney is crucial. In addition, there are significant differences between U.S. and foreign trademark laws. For example, there is no requirement of use to file in foreign countries, as you do in the U.S. Furthermore, the U.S. requires specific detail when describing the products and/or services used in conjunction with the Mark. In contrast, many foreign countries permit a broad description of the goods/services. We will educate you on the differences between U.S. laws and international laws at the time of your consultation.

Contact Wilson Whitaker Rynell for your Trademark Needs