So, there's no such thing as an "international trademark"...but is there something better? 

You've been running your business for a while. Long enough for you to want to expand overseas. 

The most important thing to consider when expanding is how you protect your mark. In the business world - your mark represents your brand, and the USPTO requires that you protect its sovereignty through defense of your mark. The trickiest part about expanding elsewhere in the world is that without the protection of your mark - anyone can use it - and let's face it...fighting over a mark from thousands of miles away isn't exactly what you got into business for. 

Let's say you want to expand your business, but you don't really want to bother having to register your Trademark in several countries and don't really want to pay the filing fees and fill out all of the paperwork for each individual country. What do you do? Is there an international Trademark?

No. But, don't fret. First, and most importantly you have to make sure your company's Trademark is registered federally. From there, you have to register in the countries where you wish to do business, or you think your product or service might reach. The process through simplified can definitely be tedious - for language and legal purposes. This is where the Madrid System comes into play. The Madrid System allows your business to file in a number (not all) of countries around the world with a single application. 

Startup, or conglomerate, your best and most secure and simple multiple-market protection when it comes to trademarks. The Madrid System or the "Madrid System for the International Registration of Marks" will allow you to file simultaneous applications for mark registrations in multiple countries. This simplified, cost-effective, and efficient system is the primary international system for facilitating the registration of Trademarks around the world. 

It's made possible by two multilateral treaties including the Madrid Agreement concerning the International Trademark of marks in 1891 - as well as the Madrid Protocol relating to the agreement in 1989. The Madrid System is run by the International Bureau of the World Intellectual Property Organization or the WIPO. The Madrid union currently contains 106 members covering 122 countries. Members of the Organization represent 80% of the world-trade countries. 

It's not possible to file directly for an International TM application with the WIPO. Should you happen to be a country that's a member of the Madrid System - you are extremely fortunate. The United States is a member, and any business owner holding a federal trademark can file an application with the National Trademark Office - the USPTO. The USPTO will then forward and verify your application to the WIPO in Geneva. 

In your application, you are able to directly designate the countries in which you'd like your Trademark to be protected. You can designate any number of countries as long as they're a member of the Madrid System. The registration for international Trademarks will last for 10 years and all associated fees are paid to the WIPO. 

Like any nearly "perfect" system - the System has its flaws - namely that all nations globally are not a member of the Madrid Agreement. The benefits far outweigh the disadvantages by far. Even in the event you wish to register in a country singularly that is not included- you're able to file one application for many other countries in bulk. 

All in all, for one application, one set of documents, one location, one language, one fee, one currency, and one registration with a singular number, and one renewal date - it's a massive time and money save. 

Interested in going international? We want to help you get started taking your business to the global stage. Send us an e-mail at admin@teilfirms.com, or visit www.teilfirms.com to get started.