The Necessity of International Trademark Protection

in Trademark

With the enhancements of economic globalization, the multinational development of enterprises has also become enhanced. As one of the important intangible assets of the enterprise, Trademark has a major impact on multinational business. Therefore, international trademarks registration is increasingly becoming one important way for multinational companies to enhance product value, establish an international image and to protect foreign intellectual property rights.

Effectively circumvent the region of trademarks

Trademarks play a significant role in international economic activities. According to their own trademark or a trademark treaty granted the trade mark owner the exclusive right, Trademark rights only valid in the local country or the region of a country or region and not binding to outside of his country or the region. Although there are a number of international trademark organization and trademarks regional organizations, such as the EU trademark, Madrid trademark, African Intellectual Property Organization, but trademark protection is also limited to members of the organizations. Therefore, the international trademarks registration can help circumvent trademark regional restrictions.

Effective to avoid trademark infringement and cybersquatting

When products need to be exported to other countries, probably because the product trademark is not registered in other countries, the product will not only fail to be the country's legal protection, but also may cause trademark infringement in the country. It may lead to hinder the products to enter the country, cause trouble, face cross-border litigation and spend huge amounts of compensation. Especially in recent years, the phenomenon of cybersquatting of trademarks has increased.

Gain priority protection by earlier application

In addition, many countries have to apply for trademark registration be subject to priority application principle. Therefore, the enterprises should prepare the trademark registration program in advance, which can make them timely access to the right to use trademarks and avoid unnecessary disputes in the business operation.

In addition to the above issues, the overseas trademark itself has many advantages which can make enterprises to develop continuity and orderly:

1.   Fill in a foreign trademark registration application to obtain a trademark registration in the specified one or more categories of goods and in the specified number of member countries;

2.   Using a unified language French to complete the application form, does not require the application to be translated into each language of the relevant designated countries for protection;

3.   To pay by the uniform fee Swiss francs, and does not need to pay respectively to each required designated country of member countries for protection. Overseas registration fee is lower than the cost to register in each country respectively.

4.   International registration of trademark may be completed within one year from the day on which the application is filed. If no dismissal is received from the competent trademark authority of a country where the protection of trademark is specified to be sought by an applicant, the trademark will be protected under the law of that country. 

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The Necessity of International Trademark Protection

This article was published on 2012/04/23