You might be getting ready to start a new company in a foreign country or you might already have a strong brand established in your home country. In either case, protecting your brand internationally can be among the most worthwhile expenditures you can make if you plan to market your products or services to an expanding market.
You have the best chance to connect with more people around the world than ever thanks to free commerce and technological advancements. Additionally, you run the danger of other business owners learning about you, capitalizing on the goodwill you are establishing in connection with your brand, and registering the same or a brand that is similar in some of your most important target markets.
Your clients will be able to recognize your company and recommend your goods or services to others if you have a strong brand. Before beginning to expand to a certain market, it may sometimes be necessary to have a registered trademark (or a pending registration) there. For instance, if you want to sell your goods on Amazon, you must have a registered trademark.
Trademark registration is the most effective method of trademark protection. Different aspects of your branding, such as your company name, logo, or distinctive slogan, are protected by trademark registration. If you are successful in registering a trademark, you are granted exclusivity. These include the ability to use that trademark in connection with the products and services you provide. You will be able to set yourself apart from rivals in your market by doing this.
Additionally, trademark registration might draw in investors for your company. Whether you have registered your trademarks is one of the first things an investor will inquire about. They will want to make sure their money is going into a business that has the sole rights to their branding. Additionally, they want to make sure you won’t be in danger of violating the trademark rights of another trader.
This process should start with you filing a trademark in your own country. Different countries will have different application procedures. To help you navigate this process, you should consult a trademark attorney. An essential foundation for an overseas application is properly filing an application that completely covers all of the products and services you currently offer as well as those you aim to offer in the upcoming years.
Competitors in other countries are not prevented from registering a trademark that is similar to or identical to one that is registered in the first country. This is due to the fact that each country has its own system for registering trademarks. As a result, you must register your trademark internationally. There are two primary routes available to you, depending on how many and which nations you are aiming for.
Direct Application
It may be less expensive and quicker to submit a national application directly to the trademark office of the country where you only intend to register your trademark. Without submitting an application or registering in your home country, you can submit a direct application to any country of interest. However, it is vital to consider your long-term objectives. Think about the locations you might wish to sell your products or services in the upcoming years.
Madrid Protocol Application
The easiest, most economical method is often to apply via the Madrid Protocol. You can choose to target several different foreign nations. Businesses that provide software or mobile applications should take note of this in particular. By their very nature, these companies are accessible to customers all around the world.
The World Intellectual Property Organization (WIPO) is the body in charge of the Madrid Protocol. The Madrid Protocol now has members from about 126 nations. You just need to submit one application to WIPO under the Madrid Protocol, and you may choose which member countries you want to submit it to.
You must have a base application or registration in order to submit an application under the Madrid Protocol. In other words:
- trade mark registered in your country of origin; or
- pending application.
By registering your trademark, you get the legal authority to prevent others from using it—or something confusingly similar—in connection with products or services that are comparable to yours. In the event that copycats start to imitate your branding, it could end up being one of the best investments your company ever makes and help to reduce the expenses associated with future enforcement actions.
Consider brand protection abroad and in your main target markets now more than ever due to the electronic permeability of international commerce restrictions. Implementing brand protection methods, such as trade mark registration, can prevent brand dilution, minimize reputation damage, and eventually aid in securing an advantageous customer.
You can find the list of global IP firms here.