Federal laws determine how you can register a trademark in other countries. Find out more about how to register a trademark in other countries, including fees, timelines, and how to get started.
What would you like to protect?
updated November 21, 2023 · 3min read
Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you trademark protection throughout the United States, but it does not protect your trademark in other countries. To protect your trademark abroad, you need to register it with the foreign countries where you want protection.
The international trademark application
The Madrid Protocol is a treaty that allows a trademark owner to register a trademark in any of its member countries by filing a single trademark application, called an “international application.” The United States is one of more than 80 countries that are members of the Madrid Protocol.
The international application simplifies the process of applying for foreign trademarks, but it does not guarantee that a particular country will agree to register your trademark. Each country has its own laws and standards regarding what types of trademarks can be registered. There is no such thing as an “international trademark” that is good everywhere.
Who can submit an international trademark application?
You can file an international trademark application through the USPTO if:
How to submit an international trademark application
The following are the requirements for submitting an international trademark application through the USPTO:
Next steps
Filing an international application does not guarantee trademark protection in another country. Your application will be reviewed by three different agencies before your trademark protection is extended:
1. USPTO review
The USPTO will review your international trademark application and certify that certain information in the international application is the same as the information in your U.S. registration or application. The application is then sent to the International Bureau of the World Intellectual Property Organization (WIPO), which administers the international trademark registration program.
f the USPTO does not certify your application, it will notify you of the reasons that your application was not certified. You can then submit a corrected international application.
2. International Bureau review
The International Bureau will review your application to determine whether it meets the requirements of the Madrid Protocol. If it does, your trademark will be published in the WIPO Gazette and you will receive an international registration certificate. The registration is good for 10 years and may be renewed for additional 10-year periods.
The International Bureau will also notify the countries you designated that you have requested that your trademark protection be extended to those countries.
3. Review by individual foreign countries
Each foreign country that you designate in your international application will review your application for extension of trademark protection, using the same standards that apply to other trademark applications filed in that country.
A country has 18 months to refuse to extend trademark protection. If a member country does not deny protection within 18 months, it is automatically granted.
If you’re ready to file for an international trademark, LegalZoom can help. We've partnered with an experienced law firm that can guide you through the process. Begin with a free consultation that includes an evaluation of your international trademark application and a clear understanding of your options and pricing up-front.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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