It is hard to imagine how the world’s most influential companies would build their successful operations without establishing a strong connection between their goods or services with solid trademarks.
In this article, you will discover whether US trademark registration is valid in other countries.
Are US Trademark Valid in Other Countries? – The Verdict
Under US law, trademark rights come from their active use in business. Protecting a trademark does not legally require registration but owning a federally registered trademark offers valuable protection.
Once a trademark is part of the records of the United States Patent and Trademark Office (USPTO), it enjoys nationwide protection. In case of legal disputes with unregistered or state trademarks, federal trademarks have a “presumption of ownership.”
While federal registration is more than sufficient to protect your trademarks within US jurisdiction, these protections may not apply to disputes that arise abroad. Obtaining trademark protection outside the country requires a strategic approach.
International Trademark Protection – What Are the Starting Steps?
While registering a trademark with the USPTO is not sufficient to obtain international protection, it is part of the primary steps to attain this specific purpose. The first step is to draft a trademark plan and identify the countries where you need to register your mark.
It is fundamental to consider both short and long-term goals, which often require a superior level of legal expertise. An experienced trademark attorney may offer reliable guidance throughout this process and help you navigate the roadmap to achieve your entrepreneurial goals.
With a robust international trademark plan in hand, the next step is to apply for trademark registration with the USPTO. Federal registration can be complex and time-consuming, which may also require the assistance of a seasoned attorney.
After obtaining USPTO’s approval for a federal trademark, it is possible to start filing international trademark applications. Each country has its legislation to govern intellectual property rights, but there are international mechanisms that may facilitate the registration process.
Obtaining proper registration in the countries where your business is actively operating (or intends to operate) is essential to prevent counterfeiting, fraud, and any other type of trademark infringement.
Without registration, there is little to no recourse available to react if you learn that someone has unlawfully appropriated a trademark or decided to use a confusingly similar mark.
Registering a Trademark Abroad – Feasible Solutions
When it comes to registering a trademark abroad, there are two options available. The first option is to register directly with the trademark office in each country where your company is operating.
This solution is often an ideal method for companies with operations limited to a small number of countries. The second option is to rely on the Madrid Protocol, the primary international system for trademark registration in multiple jurisdictions.
Based on an international treaty with over 90 member countries, the Madrid Protocol allows you to submit one application and apply for trademark registration with multiple countries at the same time.
In either case, working with an experienced attorney is the only reliable way to find an optimal solution for your case.
Do You Need International Trademark Protection? – Immediately Contact Attorney Romy B. Jurado
Waste no time with uncertainty. Contact Trademark Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best strategy to protect your trademark abroad.
