14
August
2024
International Trademark Registration
The registration of a trademark can have international effects. On this page, we will guide you on how to register a trademark worldwide.
1. What is a trademark?
A trademark is a distinctive sign that identifies the products or services of a company or business owner.
2. Effects of trademark registration in other countries.
A registered trademark is only valid in the country where it was registered.
3. Is there an international trademark registration?
Yes. Through the Madrid Protocol, a trademark registered in any of the member countries of this treaty can serve as the basis for applying for an international trademark, with effect in over 130 countries, including the United States, China, and the European Union.
4. Is it better to have an international trademark registration or separate registrations in each country?
In our opinion, as experts in trademark law, it is better to have separate trademark registrations in each country where a business owner intends to export their products or services.
This recommendation is based on the following:
• Most neighboring countries of Colombia (our home country) are not signatories to the Madrid Protocol for international trademark registration.
• When applying for an international trademark registration, if any of the relevant international offices issues an official action, denial, or opposition notice, the applicant will generally need to find a local attorney to address the matter, often under time constraints, which may lead to high legal fees or even the loss of the registration application. Conversely, if the trademark is managed from the beginning by a local attorney, the monitoring of the process will be more efficient.
• In the international trademark registration process, there is a concept known as "central attack," which stipulates that during the five years following the filing of the application, the international trademark depends on the national base registration or application. During this period, if the base registration is affected, the international trademark will also be affected.
5. Steps to register a trademark worldwide.
Business owners often ask the following question: "In which countries should I register my trademark?"
Our response is: In all countries where you intend to market your products or provide your services.
It should be noted that most local laws require the effective use of registered trademarks, so we recommend initiating registration processes in the countries where you actually intend to engage in commercial activities.
Our firm provides trademark registration services worldwide, primarily in North America, Central America, South America, the European Union, and China.