In regard to the validity and enforceability of a United States federal trademark registration (U.S. registration) in any other country or jurisdiction, to date, U.S. registrations possess no authority of enforceability out side of the courts of the United States. Additionally, there exists no manner in which to receive a trademark registration which is enforceable every where out side of the United States. However, in recent years, the somewhat “territorial” nature of trademarks has given way to numerous international treaties and other mechanisms designed to allow a trademark owner to at very least file in file countries, gain benefit of prior applications in participating countries and even cluster groups of countries within such regional entities as Europe.
One of the foreign intellectual property treaties, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, has created congruency between member jurisdictions by requiring the harmonization of applicable laws. Another system the Madrid Protocol allows applicants to file trademark applications simultaneously in numerous jurisdictions, based upon a prior obtained registration or existing application filed in the USPTO.
Another system, The Community Trade Mark system, allows applicants to apply for a mark throughout all of the Europe Union member entities through a mechanism called the Office for Harmonization in the Internal Market (“OHIM”) for Trade Marks, as well as Designs.
Finally, through Bay State IP’s network of foreign associates, our clients are afforded the ability to file trademark applications directly in any individual participating country, in a timely fashion in order to meet all deadlines.