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How does the international trademark registration process work?

 

A: Since the United States ratified the Madrid Protocol in 2003, the international trademark registration process has become easier than ever. By simply registering a trademark with The United States Patent and Trademark Office (USPTO), you can then register to have your trademark protected in 75 countries around the world.

International trademark protection is administered by The World Intellectual Property Organization (WIPO). To register internationally with the WIPO, you can file an application directly through the USPTO.

In the United States, international trademark registration is available to

  • U.S. nationals;
  • Legal entities that are domiciled in the U.S.; and
  • Legal entities that have a commercial or industrial establishment in the U.S. 


When submitting an international trademark registration application to the WIPO, it must concern goods or services that are no broader than those on the USPTO application. Once the application has been filed, each country that offers protection will examine it individually. If a conflict with your trademark arises, then the country with the conflict must notify the WIPO immediately. If your trademark application is denied, then you have the legal option of challenging the decision.

To get help filing your international trademark registration, or to challenge a denial, you can get the professional help of a New York business attorney.

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