How can I protect my brand internationally?
May 23, 2022 | 40,00 EUR | answered by Helma Krause
Dear Trademark Attorney,
I am Hans Zellerbach and I run a small business specializing in handcrafted furniture manufacturing. In recent years, my business has experienced significant growth and my brand has become an important part of my operation. I take pride in the quality of my products and want to ensure that my brand is protected internationally.
Currently, I have only protected my brand at a national level, but now I am looking to expand the protection of my brand internationally. I am concerned that my brand could be copied or misused in other countries, potentially harming my business and reputation. Therefore, I am seeking ways to effectively and cost-efficiently protect my brand internationally.
I have done some research on this topic already, but I am feeling overwhelmed by the variety of international trademark protection options and the complex legal aspects involved. That's why I would like to utilize your expertise to learn about the different options for international trademark protection and determine which option is best suited for my business.
Could you please explain to me the steps I need to take to protect my brand internationally? What are the associated costs and which countries should I prioritize? Are there specific organizations or procedures that can assist me in ensuring the protection of my brand at an international level?
Thank you in advance for your support and guidance.
Sincerely,
Hans Zellerbach
Dear Mr. Zellerbach,
Thank you for your inquiry regarding international trademark protection for your company that produces handmade furniture. It is commendable that you are taking steps to protect your brand on an international level, as this can help safeguard your business from imitation and abuse.
To protect your brand internationally, there are various steps you can take. Firstly, it is important to note that trademark protection is generally territorially limited, meaning that a national trademark registration is only valid in the country where it is registered. To obtain an international trademark registration, there is the so-called Madrid System, which allows for a central registration of trademarks in different countries.
The Madrid System consists of the Madrid Agreement and the Protocol to the Madrid Agreement. By filing an international trademark application, you can protect your brand in multiple countries by submitting a single application to the World Intellectual Property Organization (WIPO). This application will then be forwarded to the respective national trademark offices to obtain protection in the selected countries.
The costs for an international trademark application can vary depending on the number of countries where you wish to seek protection. There are fees for the application itself as well as for the renewal and maintenance of protection in the respective countries. It may therefore be advisable to make a detailed cost calculation to consider the financial implications of an international trademark registration.
When selecting the countries where you want to protect your brand, you should consider markets where you are already active or where you plan to expand in the future. It may also be wise to consider countries with a high risk of trademark infringement or product piracy.
There are various organizations and procedures that can assist you with international trademark registration. In addition to WIPO, you can also engage national trademark offices, law firms, or specialized service providers to assist you with the filing and management of your international trademarks.
I hope that this information is helpful to you in planning and implementing international trademark protection for your company. If you have any further questions or need assistance, please do not hesitate to contact me.
Best regards,
Helma Krause
