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Is a trademark registration valid outside of the United States?
If you have federally registered a trademark within theUnited States, then no, your trademark registration is not valid outside of the United States. If you have a trademark application pending before the USPTO or if you are the owner of a federally registered trademark, you may seek trademark registration in a number of other countries.
In fact, under the Madrid Protocol, you may file an international application with the International Bureau of the World Intellectual Property Organization, which, if accepted, will grant you trademark registration in all of the participating nations. As of October 2010, 83 countries were members of the Madrid Protocol.
How can you protect your trademark registration?
Once you are the owner of a federally registered trademark, you will have the right to protect your trademark against dilution and infringement. What this means is that as the owner of a trademark, you can prevent anyone else from using it in connection with their goods and/or services. If someone does infringe upon your trademark registration, you can take legal action to stop the infringement.
To stop infringement upon your federally registered trademark, you can have your New York trademark lawyer issue a letter to "cease and desist." If such a letter has been issued and the offending party continues to infringe upon your mark, you may choose to file a lawsuit. In a trademark infringement lawsuit, your New York trademark lawyer can represent your legal interests in a formal court of law.
Contacting a New York Trademark Lawyer
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your Franchise Disclosure Document. For a limited time, get New York trademark lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.
