The International Trademark

Are you wondering how to get your slogan or logo trademarked internationally? Well Boyer Law Firm can help. There are different ways an international trademark can be applied for:

1. Through the U.S. Trademark and Patent Office,

2. Through the desired country directly, and

3. Through an 3rd party company.

A trademark is a name, symbol, design or logo which is used when goods are traded to indicate the source of those goods. A trademark distinguishes one good from another. For the purposes of this article, I will use the Mickey Mouse character to better illustrate the differences between a trademark and copyright. The Mickey Mouse character has been trademarked as a design of Disney. Using the character to sell goods would be an infringement of the trademark. If you are interested in protecting a title, slogan, or other short word phrase, a trademark is better suited for your needs.

When filing an international trademark application in the U.S., “the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks.  The protocol is a filing treaty and not a substantive harmonization treaty.  It provides a cost-effective and efficient way for trademark holders — individuals and businesses — to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency.” While an International Registration may be issued, it remains the right of each country or contracting party designated for protection to determine whether or not protection for a mark may be granted.  Once the trademark office in a designated country grants protection, the mark is protected in that country just as if that office had registered it.  The Madrid Protocol also simplifies the subsequent management of the mark, since a simple, single procedural step serves to record subsequent changes in ownership or in the name or address of the holder with World Intellectual Property Organization’s International Bureau.  The International Bureau administers the Madrid System and coordinates the transmittal of requests for protection, renewals and other relevant documentation to all members.

At Boyer Law Firm, we help you trademark your logo or slogan internationally with the convenience and ease of knowing you are following the right guidelines and requirements.

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