International Trademark Rights

1. In which countries should I register my mark?

You should consider registering your mark in any country in which you currently offer your products or services under that mark. You should also consider filing in those countries where you intend to use the mark for your products or services in the future. The use of a mark is not a prerequisite for filing an application in most countries; however, some countries do have use requirements.

2. Can an applicant secure a 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 country. A Community Trade Mark registration protects a trademark in all the member states of the European Union. The Madrid Agreement and the Madrid Protocol make it possible to file an application for an International Registration, which will offer trademark protection in any of the countries the applicant designates that are party to one or the other of those treaties. Filing with the African Intellectual Property Organization or the African Regional Industrial Property Organization protects a trademark in all the member states of the respective organizations.

3. Can the same mark be owned by different parties in different countries? 

As trademark rights generally are geographic in scope, it is possible for a trademark to be registered in different countries by different owners. Consequently, trademark owners should consider obtaining protection for their marks in all countries or regions of interest in order to secure rights and prevent others from obtaining them. In a few countries, there can be more than one registration for a trademark, with each registration covering a different geographical region of the country