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International trademarks
Before filing for an international trademark application,
you will need to have a pending U.S. trademark application.
Once you have your pending U.S. trademark application, you
have several options for filing for international trademark
protection. There are different reasons for choosing each
option, and you should consult with a trademark attorney
before proceeding.
Filing within 6 months of the filing date- If you file
either an international trademark application using either
the Paris
Convention or Madrid Protocol within
6 months
of
your U.S.
filing
date, your
international
trademarks will have the same filing date as your U.S. application
(this is often called a priority date.) This priority date
will ensure that you have the earliest possible filing date
abroad.
After 6 months from filing date, but before registration- You can still file trademark applications abroad after the
6 month filing deadline. This 6 month filing deadline is
so that your foreign trademark application has the same filing
date as your application in the United States. You can still
file a Madrid Protocol application, which will reference
your underlying U.S. trademark application. Your international
trademark applications will have the filing date of your
Madrid Protocol application. It is always good to file a
trademark application in another country when your business
expands to that country- either by providing services or
selling products. The Madrid Protocol application will allow
you add more countries later.
Filing after registration- Once you have received a U.S.
trademark registration, you can file an application which
relates back to your U.S. registered trademark. You will
have to provide a copy of your U.S. registration. Review
of this type of trademark application may proceed quicker
than other applications, in light of the registration in
the U.S.
For all international trademark applications, you will first
need a valid pending U.S. trademark application. We advise
using the services of a trademark attorney to prepare this
application. If you have any errors in your U.S. application,
you can encounter further problems when filing international
trademark applications.
To discuss filing a trademark application, please contact
us online, or call us at 858-350-3124. We provide an initial
free consultation for all potential clients. |
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