The difference between international trademark registration and domestic registration and protection strategies
With the development of globalization, the trademark protection issues of enterprises have become more and more complex. The difference between international trademark registration and domestic registration is mainly reflected in legal protection, application process and application type. This article will explore these differences and provide strategic advice for international trademark registration.
1. The difference between international trademark registration and domestic registration
1.1 Regional characteristics
Trademark protection is territorial. International trademark registration requires choosing which countries to register in order to receive legal protection in these countries. Although international trademark registration enables companies to use their trademarks in different countries, it does not mean protection in all countries. Therefore, if you wish to obtain trademark protection in a specific country, you must obtain an independent trademark registration in that country.
1.2 Dual protection requirements
Trademarks registered abroad also need to be registered domestically to obtain legal protection when used domestically. Although foreign trademarks can be used domestically, trademark rights are not legally protected in the country without registration. Therefore, when foreign brands enter the domestic market, they must give priority to domestic trademark registration to obtain legal protection.
2. Types of international trademark registration
International trademark registration can be divided into several types:
- Individual country registration: Apply for trademark registration independently in each country.
- Madrid International Trademark Registration: Covering 83 contracting countries, you can obtain trademark protection in multiple countries through one application.
- EU Trademark Registration: Applicable to 27 EU member states, but please note that rejection of an application by one country may affect the entire EU.
- African Intellectual Property Organization Trademark Registration: Involving 16 member states, providing intellectual property protection for French-speaking countries.
3. International Trademark Registration Strategy
3.1 Comprehensive trademark search
Before registering an international trademark, a comprehensive trademark search should be conducted. This includes searching the target country’s trademark database to determine if a mark exists that is similar or identical to your own. In addition, you can also consider entrusting a professional trademark search agency to conduct an international trademark search.
3.2 Properly plan trademark maintenance and renewal
Once a trademark is successfully registered, the trademark holder needs to properly plan the maintenance and renewal of the trademark. This involves regularly monitoring trademark usage, safeguarding trademark rights and renewing registrations on time. Trademark holders should pay close attention to the trademark maintenance and renewal requirements of the target country and take necessary measures to ensure that the trademark continues to be protected internationally.
3.3 Clever use of trademark registration priority
According to the provisions of the Paris Convention for the Protection of Industrial Property, if a trademark applicant from a contracting country files an application for trademark registration for the first time in his or her own country and then files an application for the same trademark registration in another contracting country, the trademark application shall be filed as of the date of the first application. Within 6 months, priority will be given.
4. Search for international trademark registration
Searching and registering international trademark registrations is an important task for trademark holders and relevant stakeholders. By querying registered international trademark registration information, you can understand the registration status of a specific trademark in different countries or regions and evaluate the trademark’s availability and competitive environment.
4.1 Trademark registration database
The trademark registration database is the main tool for querying international trademark registration information. Trademark offices in many countries and regions provide online trademark databases that allow the public to query detailed information about registered trademarks.
4.2 WIPO Global Trademark Database
The World Intellectual Property Organization (WIPO) provides the Global Brand Database, which contains trademark registration information from different countries and regions.
4.3 Trademark information service provider
Trademark information service providers are organizations that specialize in providing trademark inquiries and trademark information analysis. These service providers typically have many advanced trademark databases and tools that provide more comprehensive and in-depth trademark information.
5. Conclusion
To sum up, the difference between international trademark registration and domestic registration lies in regional legal protection and operational procedures. Although international trademark registrations can be used domestically under certain circumstances, they cannot obtain legal protection domestically. Therefore, in order to ensure comprehensive trademark rights and interests, companies must consider domestic trademark registration before expanding into international markets, so that trademarks can receive full legal protection in different countries.
International trademark registration is an important step in protecting your trademark globally. Trademark holders should understand the international trademark registration system, conduct a comprehensive trademark search, choose an appropriate registration method, prepare sufficient application documents, and reasonably plan the maintenance and renewal of the trademark. At the same time, seeking professional legal advice, protecting and managing international trademark rights, and constantly learning and following international trademark development trends will help trademark holders establish a strong brand image and commercial position in the global market.