International Trademark Rights
Trademark rights are considered to be distinct in the country in which they are obtained. Each jurisdiction is entitled to recognize and protect trademark rights in a manner that fulfills its policy goals. Although the term ‘international trademark rights’ refers to a set of trademark rights across a number of jurisdictions, the existence and enforceability of these rights are unique to each jurisdiction and not interdependent.
In which countries should I register my mark?
Consider registering your mark in any countries or jurisdictions where your products and services are offered under that brand, as well as in those jurisdictions where you intend to use the mark for your products/ services in the future, and/or in which you have an office or manufacturing facility. Actual use of a mark is not a prerequisite for filing an application in most jurisdictions; however, some countries do have use requirements.
Can an Applicant secure trademark registration covering more than one country?
Yes. Several international agreements make it possible to file a single application to register a mark in more than one jurisdiction.
What is a European Community Trademark?
The CTM system offers trademark owners a unified system of protection throughout the European Union with filing of a single application. A CTM registration may be beneficial for several reasons including: (1) a time-saving and cost-effective procedure; (2) maintaining just a single trademark registration resulting in administrative efficiencies; and (3) actual use in one European Union member state may be sufficient to protect a CTM in all member states from cancellation on the ground of non-use. There is a risk that if grounds for rejection exist in just one of the member states, the mark cannot be registered as a Community Trademark.
What is the Madrid System?
The Madrid System is a system for the international registration of marks. It provides a means to seek protection for a trademark in a large number of jurisdictions. The system is governed by two separate international treaties, the Madrid Agreement (Agreement) and the Madrid Protocol (Protocol). Under the Agreement, nationals of any signatory may secure protection of their trademark registered in the country of origin in all other states that are parties to the Agreement. Under the Protocol, nationals of any signatory may secure protection in countries and jurisdictions that are contracting parties to the Protocol based on a single application or registration in the country of origin.
What is International Registration [IR]?
An International Registration (frequently referred to as an IR) is the designation for a registration secured under the Madrid System.
As trademark rights generally are geographic in scope, it is possible for a trademark to be registered in different jurisdictions by different owners. Trademark owners must consider obtaining protection for their marks in all jurisdictions or regions of interest in order to secure rights in the marks and prevent others from obtaining them.