Currently, US trademark registrations do not confer enforceability outside the United States, and there is no universal method to obtain a trademark registration that holds enforceability everywhere beyond the United States. However, recent years have seen a shift from the somewhat “territorial” nature of trademarks to the establishment of various international treaties and mechanisms. These frameworks enable trademark owners to file applications in multiple countries, benefit from earlier applications in participating jurisdictions, and group countries together under regional entities like Europe.
The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) has fostered consistency among member jurisdictions by mandating the harmonization of relevant laws. Another significant system, the Madrid Protocol administered by the World Intellectual Property Organization (WIPO), enables applicants to file trademark applications concurrently across multiple jurisdictions. This can be based on a previously obtained registration or an existing application filed with the USPTO. 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 trademarks as well as designs.
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. We work closely with our worldwide network of foreign associates, to facilitate the prosecution and registration process and prepare applications that are well-positioned to mature to registrations. Our team diligently monitors our trademark docket, ensuring timely reporting to clients, submission of filings to the USPTO, and effective coordination with foreign associates to advance applications towards registration.
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Contact Bay State IP today to discuss how we can help you protect and defend your valuable intellectual property. Whether you need assistance with enforcing your patent rights or defending against an infringement claim, we’re here to help safeguard your innovations.
