by Traverse Legal, reviewed by Enrico Schaefer - March 18, 2011 - o. International Trademark Registration
Welcome to Trademark Law Radio sponsored by Traverse Legal, an internet law firm specializing in intellectual property law with offices conveniently located in Traverse City, Michigan; Los Angeles, California; Austin, Texas; Lexington Park, Maryland and Encino, California. In this episode, Trademark Attorney Brian A. Hall discusses the benefits of international trademark registration for trademark protection in foreign countries.
Attorney Brian A. Hall: Owning a trademark registration with the United States Patent and Trademark Office is a great start, but in today’s global economy, it might not be enough. Each trademark owner’s goal is to increase the protection of its trademark, as well as the underlying value associated with it. Therefore, while a trademark registration with the USPTO provides protection in the United States, it might not provide the protection worldwide that’s necessary.
Keep in mind, trademark rights are territorial, meaning they are limited to the geographic area in which the trademark is used. For example, a United States Patent and Trademark Office trademark registration provides exclusive rights to the trademark owner in connection with the goods and services in the United States. However, it doesn’t provide protection in other countries, such as Canada, Mexico, Europe, and the Asia’s. Therefore, it is important to consider trademark registrations in those countries. Fortunately, the United States Patent and Trademark Office, through what’s known as the Madrid Protocol, allows trademark registration owners to seek protection in these additional countries.
A trademark registration attorney can assist you in identifying those countries in which you do business, those countries in which you need additional protection and those countries in which you seek both business and/or protection in the future. Having identified these countries, a trademark registration cost analysis can be done to identify which countries will provide the greatest return on investment. However, it is critical to recognize that there is a six month timeframe from the time you acquire your trademark registration with the USPTO to take advantage of various priority rights offered under trademark law.
If your goal is to increase the scope of your trademark protection beyond the United States while increasing the value of your trademark worldwide, then international trademark registration is something that you should consider. An international trademark registration can provide you the additional protections you need to ensure that your trademark is protected here in the United States, as well as abroad, where consumers are buying your products or using your services. Remember, a website is global, meaning that your trademarks can be seen and/or used throughout the world. Shouldn’t you be protecting them throughout the world?
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
