Filing an international trademark application is easy, right? You can jump on Legalzoom and file one yourself for a couple hundred bucks?
Not exactly, my friend. Filing an international trademark application is a complicated process that you can’t just Google.
The Madrid Protocol Application is generally what U.S. based applicants are referring to when they call me and say ” I want to file an international trademark application.” There are different ways to file abroad, but the Madrid Protocol system is popular because it can streamline the process for those who qualify.
To be clear, trademarks are registered based on jurisdiction and there is no one application that you can file to be trademark protected throughout the entire world (wouldn’t that be nice?). That being said, U.S. based applicants have the luxury of being able to file in international jurisdictions based on a U.S. registration or pending application. If the USPTO certifies the initial application, it is then sent to the International Bureau of the World Intellectual Property Organization (WIPO), which administers the international trademark registration program. Each foreign country designated in your international trademark application will review your application for extension of trademark protection in their jurisdiction, and if your trademark passes examination, your international trademark registration may be granted. The process usually takes about 18 Months.
Send us an email to schedule a free phone consultation if you have a trademark that you would like to protect abroad.