Trademark registration is one of the most important things while starting a business. Find out the best way to register a trademark internationally!
A trademark is a word or phrase used by an individual or business to identify their product or service. Trademarks are protected under law, so they could be sued if someone uses your trademark without permission. Let’s see the best way to register an Foreign trademark.
You should register your trademarks as soon as possible. Registering your trademarks protect them from being used by others.
If your company has a trademark, you should register it in the United States. Failure to register business name trademark or keep your trademark registered can expose it to appropriation by companies whose only interest is to take advantage of you in your quest to reclaim it.
Before starting the registration procedure, you can verify whether a trademark is available Vakilsearch’s free trademark availability check.
The United States Patent and Trademark Office (USPTO) is in charge of trademark registration in the United States.
- Searching the trademark database to be certain no one else is using it
- Filing the mark online
- Paying the enrollment fee
Registering your Foreign Trademark
According to the United States Patent and Trademark Office,
Because a US patent only protects an invention within the United States and has no effect outside of the United States, an inventor seeking patent protection in other countries must apply for a patent in each of those countries or at regional patent offices.
It’s nearly impossible to register in every country, especially if you’re doing business online. It’s difficult to predict which countries your site’s visitors will come from ahead of time. However, there are ways to register your trademark internationally without having to go through the registration process in each individual country.
When You Need to Use Foreign Registration
It is not necessary to register internationally. If all of your customers are from the United States, registering it internationally is probably not worth your time and money. If you sell online, however, your trademarked products or services are available—or at least viewable—to customers all over the world. As a result, registering internationally is a good idea. Do business in countries other than the United States? You should most likely use the foreign trademark registration process.
The Global Trademark Registration Process
The Madrid system, also known as the Madrid Protocol, is a foreign trademark registration system. The World Intellectual Property Organization (WIPO) in Geneva, Switzerland, is in charge of its administration.
The Madrid system allows you to protect a trademark in various countries by applying directly to your own member country. The United States is one of them. An application or registration of a global trademark in the United States is equivalent to an application or registration of the same mark in the countries you specify. The designated country’s trademark office must allow the mark to be protected.
The Madrid system also makes managing your foreign trademark or service mark easier because registration changes or renewals can be recorded directly, rather than making those changes in each country of registration. The Madrid process allows you to designate registrations in additional countries. Site:-https://ipindia.gov.in/trade-marks.htm
How to register a trademark internationally
You can file a global application either electronically or on paper using the Trademark Electronic Application System for global Applications (TEASi) of the United States Patent and Trademark Office. The USPTO certification fee for a single class registration through the TEASi system is $100, or $150 if the foreign trademark registration is based on multiple U.S. basic applications or registrations.
Did you know?
More information and assistance can be found on the Madrid Protocol page of the World Intellectual Property Organization (WIPO) and the USPTO TEASi system websites.
Registering your trademark in the European Union
You should register with the European Union Intellectual Property Office if you do the majority of your business in the EU. You can register your trademark for ten years online, with the option to renew it indefinitely. They provide details on both the standard and expedited trademark registration procedures.
Using an attorney for Foreign Trademark Registration
Whether you’re registering your trademark only in the United States or internationally, an intellectual property lawyer can ensure that all of the details are taken care of and that your trademark has a smooth path ahead of it. You could end up paying a lot of money without an attorney only to have your trademark application rejected.
Just because you’ve registered your trademark doesn’t mean you can relax and relax about it being stolen. The registration gives you the legal right to sue someone who infringes on your trademark, but it does not protect you from people who try to copy it.
You must actively work to prevent the theft of your foreign trademark and other digital assets such as apps. You effectively give up ownership of your trademark if you allow others to use it.
As a result, you must keep an eye out for others who may be using it and enlist the assistance of an attorney to send cease and desist letters and pursue other options for redress.
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