How can I protect my brand internationally?
November 22, 2023 | 40,00 EUR | answered by Ingo Hausdorf
Dear trademark lawyer,
My name is Christian Schneider and I run a small business specializing in the production and sale of handmade jewelry. In recent years, my business has grown significantly and my brand has become an established name in the industry. Now, I would like to protect my brand internationally in order to safeguard my products from imitations and trademark infringements.
Currently, my brand is only protected nationally. I am concerned that my products could be copied abroad, potentially damaging my company and reputation. Additionally, I plan to expand the sale of my products to other countries in the near future and want to ensure that my brand is legally protected there.
My question to you is: How can I protect my brand internationally? What steps do I need to take and what costs can I expect? Are there specific countries where I need to be particularly cautious or where protecting my brand is especially important? What options are available to effectively protect my brand from trademark infringements abroad?
I thank you in advance for your support and guidance on this matter.
Sincerely,
Christian Schneider
Dear Mr. Schneider,
Thank you for your inquiry regarding the protection of your brand on an international level. It is understandable that you are concerned about the imitation of your products abroad and want to ensure that your brand is legally protected. Protecting a brand on an international level is a complex process that requires various steps and considerations.
First and foremost, it is important to know that there is no uniform international trademark law. Instead, trademarks must be individually registered in each country where protection is desired. This can be done either directly with the national authorities of each country or through international trademark registrations such as the so-called "Madrid trademark registration."
The Madrid trademark registration is an international treaty that allows for simultaneous protection of a trademark in multiple countries. However, you must already have a national trademark in your home country to be able to take advantage of this procedure. The costs for an international trademark registration depend on various factors, such as the number of countries where you are seeking protection and the classification of your products.
There are certain countries where the protection of your brand could be particularly important, depending on where you intend to distribute your products. For example, China and the USA are known for their strict trademark regulations and should therefore be closely monitored. It may also be advisable to take additional protective measures in countries where trademark infringement is particularly widespread.
To effectively protect your brand from trademark infringements abroad, it is advisable to regularly monitor trademark registrations in relevant countries and take legal action if there is suspicion of trademark infringement. It may also be helpful to actively defend your brand by taking action against imitators and initiating legal proceedings if necessary.
I hope this information is helpful to you and I am available for any further questions you may have.
Best regards,
Ingo Hausdorf, Trademark Attorney
