International Trademark Registration: How to Get Protection Abroad?
The protection of a brand in the international arena is critical for companies and entrepreneurs who want to move their commercial activities abroad. International trademark registration ensures that your brand is legally protected in different countries and secures your commercial rights. In this article, we will examine the international trademark registration process, the ways you can get protection, and the application stages.
1. Trademark Registration with the Madrid Protocol
The Madrid Protocol is a multinational trademark registration system that allows you to protect your brand in more than one country. The main advantages of the protocol are as follows:
Multiple Countries with a Single Application: You can register your brand with a single application in more than 130 countries that are party to the Madrid Protocol.
Convenience of Language and Currency: It is sufficient to make your application in only one language (English, French or Spanish) and with a single currency (Swiss Franc).
Example: If you have a registered trademark in Turkey, you can also protect the same trademark in countries such as Germany, Japan and the USA with a single application thanks to the Madrid Protocol.
2. European Union Trademark Registration (EUTM)
The European Union Trademark Registration (EUTM) is the fastest and most cost-effective way to protect your trademark in the 27 member states of the European Union. Advantages of EUTM:
Single Application, Single System: You obtain comprehensive protection with a single application valid in all member states of the European Union.
Regional Protection: Since EUTM covers all EU countries, it is more economical compared to individual country applications.
Example: A Turkish textile company can apply for EUTM to appeal to its target markets in Europe and obtain trademark protection in Italy, Spain, France and other EU countries in one go.
3. Protection through National Trademark Registration
In some cases, it may be more strategic to apply for a national trademark registration in the target countries rather than international systems. This method is preferred especially in countries that are not party to the Madrid Protocol or when you want to obtain stronger protection in that country.
Country-Specific Protection: National registration allows your trademark to be protected directly in the country where the application is made.
Local Rules and Languages: Each country may have its own trademark registration procedures and language requirements. Therefore, it is important to work with a local trademark registration specialist.
Example: Although China is a party to the Madrid Protocol, registering a trademark in China through the local system may provide stronger protection. In China, you can protect your trademark with a national registration.
4. WIPO (World Intellectual Property Organization) and the Application Process
WIPO is the institution that manages international trademark applications under the Madrid Protocol. The application process includes the following stages:
Basic Application: First, your trademark must be registered or applied for in your local office (for example, in Turkey, at the Turkish Patent and Trademark Office). This is the basic application for you to apply through the Madrid system.
Applying to WIPO: Target countries are determined by applying to WIPO based on your basic application.
Review and Publication: Your application is reviewed by the trademark office of each country you specify. If there is no objection, your brand will be registered in that country.
Example: You can apply to register a brand registered in Turkey in countries such as Canada, India and Australia through WIPO.
5. Documents Required for Brand Registration
You must prepare the following documents for international brand registration application:
Registration Request Form: A form that includes all the details about the countries to be applied for and the brand.
Brand Sample: A visual version of your brand name or logo.
Basic Application Document: Documents of the application you made at your local brand office or the registration you received.
Fee Receipt: A document showing that the application fee has been paid.
Example: When applying to WIPO, you must attach the documents related to the brand registration you made in Turkey and your logo.
6. Renewal and Protection Period
International brand registration is generally valid for 10 years. If you want to continue protecting your brand at the end of this period, you can apply for renewal.
Renewal Process: Renewal must be made before the brand registration expires and the relevant fees must be paid.
Continuity of Protection: If the trademark is not renewed, the protection expires and your trademark becomes available for use by third parties.
For example: If your trademark registered with EUTM is not renewed after 10 years, your trademark may no longer be protected in Italy or other EU countries.
7. Possible Problems and Objections with International Trademark Registration
Possible problems you may encounter in the international trademark registration process are as follows:
Objections: Each country’s trademark office evaluates your application according to its own domestic law and may object in cases where it may create confusion with a previously registered trademark.
Language and Bureaucracy Differences: Languages and legal processes of different countries can complicate the application process
e. In this case, it would be beneficial to work with a trademark attorney.
Example: A French company may object to its trademark application in Turkey due to similarity by another local company. In this case, legal proceedings should be initiated against the objection.
Conclusion
International trademark registration is one of the most effective ways to protect your brand in the global market. You can also secure your brand’s commercial rights abroad through the Madrid Protocol, European Union Trademark Registration and national application methods. However, each system has its own processes and requirements. Therefore, it would be beneficial to work with a professional consultant to manage these processes correctly.
