International trademark registration

1. How to protect intellectual property?
2. What types of brands are there?
3. In which countries is it profitable to register a trademark?
4. What are the advantages of registering a trademark under the Madrid System?
5. What is the cost of registering a trademark?
6. Is national registration necessary before international registration?
7. How can our company help?

International trademark registration

For many young businesses, the existence of a brand is more than just a company logo, as it is the firm's greatest asset. This is explained by the fact that it is thanks to the brand that companies are recognized in the market and actively buy their products. However, what if your brand has been copied by another unscrupulous citizen? In this case, the best solution to this situation is to conduct an international registration of a company trademark to protect your intellectual property rights. This is the relevance of the chosen topic for today.

What types of brands are there?

• Verbal is a trademark that consists of one or more words, letters or numbers, without the use of any graphic elements or symbols. This may be, for example, a word, phrase, abbreviation or name that is used to identify specific goods or services of the relevant manufacturer or supplier;
• Graphic — this type of trademark includes various abstract and realistic images without text and numbers;
• Combined - combines both the verbal type of the trademark and the graphic one. Most often, the combined type is used as a company logo;
• Other types — this usually includes a three-dimensional trademark (the shape of a product or its packaging can be registered), a sound trademark (found in the media industry as a screensaver on TV shows).

In which countries is it profitable to register a trademark?

         The most popular jurisdictions for international trademark registration are the UAE, USA, China, and UK. Each jurisdiction has its own characteristics of registration in practice, namely:

• Trademark registration in the UAE — you can register both traditional types of trademarks (verbal, graphic, combined) and non-traditional (sound, volumetric). Both legal entities and individuals can apply for registration. The application form is in electronic form only. The deadline for registering a trademark is 150 days from the date of filing the corresponding application. The trademark certificate is valid for at least 10 years;
• Trademark registration in the USA — The process of registering a trademark occurs through the Patent and Trademark Office (USPTO). Both individuals and legal entities can submit an application, and the residence of the applicant does not matter. However, if you are a non-US resident, you will need to hire a licensed patent attorney. The registration process usually lasts from 1 to 1,5 years, but can take longer. Once registered, the owner has exclusive rights to use the TM with the goods and services for which it is registered. The trademark certificate is valid for at least 10 years;
• Trademark registration in China — the registration procedure takes from 12 to 15 months. An application can be submitted by any individuals or legal entities, as well as groups of individuals or organizations that want to obtain exclusive rights to a trademark. Foreign individuals or entities wishing to register a trademark in China must be represented before the Office by registered patent attorneys. Any visual image consisting of words, images, letters, numbers, three-dimensional symbols, color combinations, or a combination of all of the above can be registered as a trademark. The trademark certificate is valid for at least 10 years;
• Trademark registration in the UK — applicants for trademark registration can be any individuals or legal entities. The application must contain information identifying the applicant, a reproduction of the designation that is being submitted for registration, a list of goods or services in respect of which the designation is being submitted for registration. The application can be filed either electronically or in paper form with the UK Patent Office. The registration procedure lasts from 3 to 6 months. The validity period of a trademark certificate is at least 10 years.

         What are the advantages of registering a trademark under the Madrid System?

         Trademark registration is usually valid at the territorial level (within the borders of each country) and does not extend beyond its borders. However, in order for registration to be relevant abroad, there is an option to use the Madrid Agreements. Madrid Trademark Registration System has more than 100 permanent members, representing 116 countries around the world. The advantages of using it are:

• General and unified procedure for registering a trademark;
• Submitting only one application for registration to the International Bureau of the World Intellectual Property Organization (WIPO);
• International trademark protection in all 116 countries around the world;
• The language of application is English, French or Spanish, without the need to provide a translation into the applicant's national language;
• Uniform fees for trademark registration in Swiss francs have been established;
• When new countries join the Madrid System, trademark protection is automatically extended;
• The validity period of a trademark certificate can be obtained for 20 years.

What is the cost of registering a trademark?

We offer a solution at the level of international standards

The cost of registering trademarks in different countries of the world depends on the number of classes for which it is submitted for registration (the number of classes is determined by the goods or services for which the mark is used or planned to be used).

So, for example, in the USA the cost of registering a trademark ranges from 225 to 400 USD; in the EU - 850 EUR in 1st class; +50 EUR for additional 2nd class; +150 EUR for the 3rd and each subsequent class; in China - 450 USD; in the UAE - 2000 USD, in Japan - 250 USD.

Is national registration necessary before international registration?

         Yes, it is necessary, but you can at least submit an application for registration of a trademark in the host country, and then apply for international registration within the framework of the Madrid system.

How can our company help?

International trademark registration

Carrying out an international registration of a trademark requires a thorough knowledge of the procedures and requirements that are established in the Madrid System. Therefore, to successfully resolve this issue in practice, contact trusted specialists from the Jurisprudential consulting company. Our lawyers will provide you with legal support at all stages of trademark registration, as they perfectly understand the legal nuances of this procedure. You can get more information during a free consultation.

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