Are Trademarks International?

Introduction

Trademarks are territorial in nature. In other words, the rights conferred by a trademark are limited to the territory where that trademark has been registered. This means that a trademark may be registered in multiple jurisdictions, but each registration must be separately maintained within the relevant jurisdiction. The question of whether or not a single trademark can be owned and used by multiple companies is one that arises regularly in practice and law firms often have to advise clients on these issues when they seek to expand into new markets.

Trademarks are Territorial in Nature

What does it mean by trademarks being territorial in nature? The first country to register a trademark is the country of origin, and all other countries must recognize that registration. A trademark registration does not give you rights in other countries unless it was registered there as well.

If you want to register your trademark internationally, you’ll need to do so through each individual country’s intellectual property office (IPO). If you plan on registering your trademark across multiple jurisdictions, it’s helpful to work with an international IP attorney who can assist you with this process and let you know if there are any issues with pursuing multiple registrations at once.

Multinational Trademark Registration with WIPO

You can register your brand with WIPO using the Madrid System. The Madrid System is a trademark treaty that allows you to file for trademark protection in multiple jurisdictions under one application. This means that if you have an international brand, filing with WIPO will help save time and money since it cuts down on the number of applications you need to submit to each jurisdiction where you want protection (which can be costly).

What is the Madrid System?

The Madrid System for the International Registration of Trademarks is an international intellectual property system that allows applicants to file a single application in one language, and to obtain protection for their trademarks in multiple countries.

The system is governed by the Madrid Agreement Concerning the International Registration of Marks, which was created in 1891 and revised most recently in 1989 (now referred to as “The Madrid Protocol”). The protocol has been adopted by over 100 member countries from around the world. If you’re planning on registering your trademark internationally, it’s likely that you’ll be using this system.

International Treaties and Conventions

There are several international agreements that protect trademarks. The most important is the Paris Convention, which was adopted in 1883 and has been revised several times since then. It provides for national treatment, meaning that countries agree to treat foreign nationals as favorably as their own nationals in matters of trademark registration.

Other treaties include the Nice Agreement (for classification and registration).

Takeaway

Trademark owners seeking protection in multiple jurisdictions must file separate applications and comply with the relevant procedural requirements.

In order to benefit from the Madrid system, trademark owners must submit an application for each set of countries they seek to register their trademark.

The Madrid system is designed to allow trademark owners to seek protection in multiple countries with a single application.

Conclusion

In summary, trademarks are territorial in nature and cannot be registered internationally. This means that trademark owners seeking protection in multiple jurisdictions must file separate applications and comply with the relevant procedural requirements.