This ultimately depends on the method chosen to protect your business name and/or logo in the foreign jurisdiction(s). There are various options available to individuals and companies looking to register their trademarks in foreign jurisdictions. Such options include:

• registration via use of the Madrid System
• direct registration in the foreign jurisdiction(s)
• registration via use of regional trade mark treaties

Either way, an effective strategy needs to be developed that takes into account the primary business and legal risk factors associated with the use of your brand in the foreign jurisdiction(s) and identifies appropriate business and legal methods to effect that strategy.

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We provide assistance with several important aspects, including, but not limited to:

• Developing an effective strategy for protecting you trade mark overseas,
• Effecting and managing the trade mark registration process from start to finish,
• Ensuring any trade mark applications you make comply with the unique requirements of each jurisdiction,
• Recruiting and/or managing local trademark counsel where necessary.

This protection ensures your brand remains distinguishable and unique, strengthens your marketing efforts, and discourages potential infringement by others.

Legal actions available vary by jurisdiction but can include cease and desist orders, lawsuits for damages, and trademark cancellation proceedings.

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The Madrid Protocol, formally known as the Protocol Relating to the Madrid Agreement (1989), is an international treaty designed to simplify and streamline the process of registering trademarks across multiple countries. It was established to provide a cost-effective and efficient way for trade mark owners to protect their trade marks in multiple countries without having to file separate applications in each individual country.

The Madrid Protocol is administered by the International Bureau of the World Intellectual Property Organisation (WIPO), which is a specialised agency of the United Nations. Under this system, a trade mark owner from a member country can file a single international application through their national trade mark office, and this application can cover multiple countries that are also parties to the Madrid Protocol.

Key features of the Madrid Protocol include:

• Centralised Filing: Trade mark owners can submit a single application in their home country’s national trade mark office and designate multiple member countries where they seek protection.
• Simplified Process: The application process is streamlined, and the need for dealing with multiple national offices is reduced, which can save time and costs.
• Single Renewal: Trade mark renewals can also be managed centrally, making it easier to maintain protection in multiple countries.
• Cost Efficiency: By using the Madrid Protocol, applicants can potentially save on application fees compared to filing separate applications in each country.
• Expedited Examination: Some countries within the system offer expedited examination based on the international application.
• Changes and Updates: Changes in ownership, name, or address can be easily recorded through a single process.

It’s important to note that while the Madrid Protocol provides a convenient mechanism for international trade mark registration, it is not a uniform or harmonised system for trade mark protection. Each designated country can still apply its own trademark laws and regulations to the registered marks.

Contact Entrepreneur Legal® UK to find out more.