Fortunately, the process for seeking international trademark protection has been somewhat simplified through the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, or simply, the Madrid Protocol or the Madrid System for International Registration. Unlike regional trademark registration agreements or treaties, the Madrid Protocol does not provide comprehensive trademark registration and protection in every member country that is a contracting party to the Protocol. Rather, it allows trademark owners from the various Members States to file a single application that can be extended to obtain protection in other Member States.
In order to apply, an applicant must be a national of, domiciled in, or have a real and effective business establishment in one of the Member States under the Protocol. Every application for international trademark registration must be based on a “home registration or application,” meaning the applicant must have a trademark application pending in or a trademark registration issued by the national trademark office of one of the Member States (most times, this is the applicant’s home country). The international application must be for the same mark and include a list of goods or services that is identical to or narrower than those listed in the home registration or application.
International Trademark Registration Process
The international trademark registration process begins by filing the international application with the applicant’s national trademark office (e.g., the USPTO). The national trademark office then submits the application to the International Bureau, which administers the international trademark process through the World Intellectual Property Organization (WIPO). The International Bureau is then responsible for publishing the trademark information, collecting international registration fees, and submitting the trademark request to each Member State listed in the application.
The fees for international trademark registration vary, depending on a number of factors concerning the mark itself, the classes of goods or services and the designated Member States listed in the application. Generally, fees include a USPTO certification fee for each class of goods or services, international fees paid directly to the International Bureau, and country fees for the designated countries in which registration is sought.
International Trademark Attorneys - Contact Us Today
Traversing the waters of international trademark registration can be simplified by using the services of an experienced trademark attorney. For more information about the international registration process, associated fees and how to get started, please contact the attorneys of www.FlatFeeTrademark.com by email, info@flatfeetrademark.com, or give us a call at 1.800.769.7790. FlatFeeTrademark.com offers flat fee pricing on nearly all standard trademark services, including comprehensive trademark searches, U.S. trademark registration, international trademark registration, responses to Office Actions, and trademark monitoring to protect your registered trademark.
About the Author: FLATFEE TRADEMARK is a law firm with offices located in downtown Miami. The Firm offers first-rate legal services to a wide range of clients in the following practice areas: corporate and business law, trademark protection, and brand management.