International trade marks

17 January 2010

Registered trade marks are territorial.  That means they apply to the country in which the trade mark is applied for.

 

In other words a trade mark in the UK will not stop someone selling counterfeit goods with your trade mark on in China.  A Chinese trade mark is needed.

 

Trademarkroom has a network of trade mark agents across the world and can file internationally for you.

 

There is no such thing as an international trade mark, however there is a system (Madrid system) by which you can file an international trade mark application.  The difference being that no international trade mark will issue, the applicant will then have to pursue individual registrations in each of the designated countries.

 

The Madrid system is generally financially effective in relation to applications that involve more than 2 or 3 different countries.  You therefore need to seriously consider which markets are necessary before filing.

 

Luckily with the Madrid system you need at least a trade mark application already existing.  In addition you may claim the date of filing for any subsequent applications within 6 months.  That is to say that if you file in the UK tomorrow, and the US in 5 ½ months, the US filing dates from tomorrow also if you ‘claim priority’.

 

Tim can be contacted via email on tim@trademarkroom.com.