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International Trademark

Registering for an international trademark is essential if you plan on doing business in a certain country. Even though systems exist to facilitate, enforce trademark registration in more than one foreign jurisdiction, it is impossible to apply for one trademark registration that will have worldwide applicability. Similar to other national laws, laws regarding trademark registration only apply to the country in which the trademark was created. This limitation of territorial application of trademarks has been reduced by several intellectual property treaties. One of the most famous treaties was the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. It legally established compatibility, between member jurisdictions, by requiring that a harmonization of applicable laws be in place. Facilitation of the registration of trademarks, in multiple jurisdictions, is handled by the international system known as the Madrid system. This system is advantageous because it allows a trademark owner to obtain trademark protection in many jurisdictions by filing one application in one jurisdiction with one set of fees.

Fast Facts

  • The Madrid system allows for changes and renewal of registration, across all applicable jurisdictions, for the filer.
  • The Madrid system offers a secure international registration through its affiliation with the World Intellectual Property Organization.

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