International Trademark Protection

	Basic Facts About Foreign Trademarks

	Trademarks and service marks identify the source and origin of goods and services. Different countries have different requirements for filing and registering a trademark. Many countries do not require use of the trademark in that country in order to register the mark. Some countries require a foreign application or registration in order to file in their country. Because there are so many variations, it is best to provide us with specific information about the countries of interest to you, so that we can consult and advise you accordingly.

	What is an International Trademark?
	The Madrid Agreement Concerning the International Registration of Marks provides for an international registration system for trademarks. It is available to citizens and companies of countries that are members of the Protocol. On November 2, 2002, Congress passed public Law 107-273. Click here for the relevant provisions.There are a number of conditions that must be satisfied for the Trademark Office to implement the legislation. It is anticipated that we will have a clearer idea in the summer of 2003 as to when the United States trademark owners will be able to take advantage of the Madrid Protocol. Companies that have bona fide business establishments in member countries may, under certain circumstances, take advantage of this international treaty at this time. Click here for general information about the Madrid Protocol.

	What is the procedure to get your application filed?
	You provide us with information (See our Questionnaire, Word or PDF formats available) We prepare "Confirmation Instructions" You provide us with items listed in Confirmation Instructions Once we receive everything we need, we will file your application immediately.
	What happens after the application is filed?
	The procedure in each country is different. The following is a general outline of the procedure in most countries. The application is filed and will provide you with the filing information. The application is examined, including an official search. This is reported back to us and depending upon the nature of the issues, we will either handle these for you and let you know what we have done, or request additional information from you along with recommendations on how to proceed. A response to the official objection is made. If the mark is found to be registrable, it is published for opposition so third parties can complain about an issuance of a registration to you. The opposition period ranges from thirty days to 3 months. Assuming there are no oppositions, a final fee usually needs to be paid in order for the mark to proceed to registration. Trademarks have to be renewed, typically every ten (10) years, but some countries have shorter periods, and others are longer.
	What is a Renewal Application?
	Trademark registrations are granted for specific terms. Typically, every ten years from the registration date, it is necessary to file a renewal application. The trademark offices in the various countries do not notify you that your registration is due for renewal.
	Do I have to use my mark in each country it is registered?
	Generally speaking, the answer is YES. Typically, most countries require that a mark is vulnerable to attack by third parties for lack of use in the country for varying different periods usually between three and five years. Therefore, it is important to maintain evidence demonstrating use of your mark in each country on a yearly basis in order to have the evidence available. Also, in many countries, the time period to demonstrate such use is very short, and often does not include the prior thirty (30) days.

	For basic information about trademarks, click here.