{"id":29053,"date":"2021-04-16T12:18:54","date_gmt":"2021-04-16T06:48:54","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=29053"},"modified":"2021-04-16T12:18:56","modified_gmt":"2021-04-16T06:48:56","slug":"foreign-trademark-registrations","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/foreign-trademark-registrations\/","title":{"rendered":"Things to Consider before Obtaining a Foreign Trademark Registrations"},"content":{"rendered":"\n

Anything\nwhich evidently distinguishes a product or any service of a company from the\nother companies in the concerned jurisdiction or in the market, then it is\ngenerally called as a trademark or a service mark correspondingly. <\/p>\n\n\n\n

The word\n“Trademark” is in general used in differentiating the goods or\nproducts of a particular company from other companies; while the term\n“Service Mark” is generally used in distinguishing service of any\nservice providing company from the services of other organisations in the same\nmarketplace.<\/p>\n\n\n\n

Thus, a trademark or service mark is a distinctive mark, wording or word, a signature, any figure or logo or any other indication, which can unambiguously distinguish that product or service of a company in that particular nation or international jurisdiction. We can protect our trademark in foreign countries by registering it so in this article we will read about things to consider before obtaining foreign Trademark registrations<\/strong><\/a>.<\/p>\n\n\n\n

Considerations\nfor Obtaining Foreign Trademark Registrations<\/h2>\n\n\n\n

According to the World Intellectual Property\nOrganization (WIPO), approx four million trademark applications on average\nare filed every year globally. In\nU.S., the trademark rights are formed through the use of a mark and it is developed\nby obtaining a Federal Registration i.e. with the United States Patent and\nTrademark Office (USPTO). <\/p>\n\n\n\n

Majority\nof the U.S. brand owners are not aware that their precious trademark rights\ndiscontinue at the U.S. border. Hence, for the purpose of getting protection\noutside U.S., the trademark rights are required to be obtained independently\nacross the territories.<\/p>\n\n\n\n

Moreover, the eligibility for foreign trademark registrations and the criterion for infringement of trademark differ in different country. Consequently, companies that have probability for growing outside the U.S. need to actively plan and obtain protection for trademark in foreign territories that is relevant for their particular industries.<\/p>\n\n\n\n

As more brands are continuing to expand their businesses overseas, it is essential to know the details of foreign trademark registration. The major key points that should be in mind while applying for foreign trademark registration are given below:<\/p>\n\n\n\n

\"Foreign<\/figure><\/div>\n\n\n\n

1. Register the\nTrademark in the U.S<\/h3>\n\n\n\n

Before applying for foreign trademark registrations, the\napplicant must first register his trademark in the U.S. and this can\nbe done through the U.S. Patent and Trademark Office (USPTO).<\/p>\n\n\n\n

The foreign trademark registrations application\ncan be completed directly from the USPTO website. The foreign trademark\nregistration in the U.S. first shall give stronger grounds to register the\ntrademark in other countries.<\/p>\n\n\n\n

2. Work with Due Diligence<\/h3>\n\n\n\n

It is significant to be on familiar terms with how this\nmethod operates in one particular country in relation to the U.S. with the\npurpose of protecting the trademark in another country.<\/p>\n\n\n\n

It is important to know and familiarize with the trademark rules and other guidelines of the countries where foreign trademark registration is applied for. Few of the great research resources shall include the\u00a0WIPO and The International Trade Administration\u00a0<\/p>\n\n\n\n

Read our article<\/b>:Simplified Instructions to the Trademark Search Process<\/a><\/mark><\/p>\n\n\n\n

3. Use the Madrid System<\/h3>\n\n\n\n

The Madrid System is the single stop way out\nfor foreign trademark registrations and administering the trademark worldwide.<\/p>\n\n\n\n

Under this Madrid Agreement, the applicants applying\nfor foreign trademark registration can submit just one application to\nprotect their work within a federation of countries. The Madrid\nUnion is the combination of different countries that recognizes these\ninternational trademarks.<\/p>\n\n\n\n

The filing of the MM2 form, which is available\non the WIPO website, can be applied for international trademark\nprotection. Then, a hard copy to the U.S. office can be submitted.\nCurrently there are 113 countries offering protection under the Madrid\nAgreement, including France, Italy, Australia, the European Union and\nChina<\/p>\n\n\n\n

The applicant can choose particular countries or can also\nchoose to protect his trademark in all the 113 countries. The applicant\nhas to make the payment of the processing fee for foreign trademark\nregistration with the WIPO, as it is less costly in comparison to the\nfiling of an individual application in each country. <\/p>\n\n\n\n

4. Hire an Attorney<\/h3>\n\n\n\n

In case the applicant is interested in foreign trademark registrations not covered under the Madrid Agreement as there are some countries not protected\u00a0under the Madrid Agreement like Canada, Saudi Arabia\u00a0and South Africa. In such countries, the applicant can consider seeking guidance from an attorney of that country in which he is planning to register trademark. According to the recommendation of USPTO<\/strong><\/em>[1]<\/strong><\/em><\/a><\/sup> an attorney can be searched through\u00a0the International\u00a0Trademark Association.<\/p>\n\n\n\n

5. Consider Foreign Translations<\/h3>\n\n\n\n

It is very important for the applicants to carefully consider\nthe foreign translations of the words while applying for foreign trademark registrations in other language.\nThus, the applicant has to ensure and consider the foreign translation so as to\navoid any kind of mistake of whatever slogan or term the applicant is using in\nthat particular country.<\/p>\n\n\n\n

6. Don\u2019t Delay<\/h3>\n\n\n\n

The most advisable statement is that it is best not to\ndelay in filing the foreign trademark registration applications, mainly if the\nintention is to do business overseas in the short term.<\/p>\n\n\n\n

Requirements\nfor Obtaining Foreign Trademark Registration<\/h2>\n\n\n\n

The three main requirements for obtaining foreign trademark registration in India are:<\/em><\/strong><\/p>\n\n\n\n