As with other intellectual property rights, trademark rights are different in each country or jurisdiction where they are obtained.
That means that each jurisdiction has the right to recognize and protect trademark rights in a way that complies with its policies and objectives.
Although the term “international trademark rights” refers to a set of rights that trademarks can enjoy in each country, it is important to understand that each nation can determine the right's existence and enforceability on its own.
But there is much more to understand about it. Although there are differences in the recognition and enforcement of trademark rights, many jurisdictions have reached procedural and protocol agreements regarding trademark applications.
So today, we are going to answer the most frequently asked questions about it.
Are there specific countries where I must register my mark?
The most frequently asked question of all has to do with the countries where the mark should be registered.
We have to understand that it is essential to register the mark in any country or jurisdiction where you offer your products or services under that mark.
Also, as not all applications are modifiable, you must register your mark in those jurisdictions where you intend to sell mark products or services in the future or those where you plan to have a manufacturing plant or office.
Some trademark owners also recommend registering the marks in countries that have problems with IP counterfeiting. But this is not a need for everyone.
You can consult a local attorney for more information.
Can I get a trademark registration that covers more than one country?
Yes, although there is no international trademark that covers all countries, several international agreements allow a single application to be filed to register a mark in several jurisdictions.
For that reason, we recommend that you obtain information on the agreements of each country where you intend to register your mark and know its members.
Can applying for international registration be advantageous over national applications?
Yes, filing an international registration application can have advantages over filing individual national applications for an applicant who wants to register their mark in multiple jurisdictions.
International registrations allow mark owners to register in different jurisdictions or contracting parties with a single application.
Can international registrations be converted into national applications?
National and international registries are linked. There is a five-year dependency period within which the international registration depends on a basic international application or registration.
If any company manages to have your registration application canceled, then your international registration may be affected.
Likewise, if the national registration expires within five years after the international registration date, the protection resulting from the international registration can no longer be invoked.
And there is much more. Many often have many questions about the application process for an international trademark.
Is that your case? Do not worry! You can get more information on our blog or through our contact channels.