Monday, August 14, 2017

Do I need an overseas trademark?; Lexology, August 14, 2017

HopgoodGanim, Lexology; Do I need an overseas trademark?

"There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis.

However, there are ways in which you can quickly and cost-effectively file in multiple jurisdictions at the same time, which we discuss further below.

If you are selling or promoting goods or services in another country (or indirectly, by distributors or agents), then it is advisable to apply to register a trademark in that overseas country. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark...

How can I register my trademark overseas?
There are two ways a business owner can register a trademark overseas:
  1. apply directly for registration in the country that the business owner wishes their trademark to have effect; and
  2. apply pursuant to the Madrid Protocol."

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