U.S. trademark rights stop at the border. If your business operates internationally or plans to expand abroad, you need to understand how to protect your trademark rights beyond the United States.
Unlike the U.S., many countries follow a “first-to-file” system, which means rights are awarded to the first party to register the mark—not necessarily the first to use it. That makes early registration essential for brand protection overseas.
One efficient way to seek international protection is through the Madrid Protocol, an international treaty administered by the World Intellectual Property Organization (WIPO). This system allows trademark owners to file a single application through the U.S. Patent and Trademark Office (USPTO) and designate protection in over 100 member countries. However, approval still depends on the laws of each selected country.
Alternatively, businesses can file national applications directly with each foreign country’s trademark office. This may be preferable in non-Madrid countries or when specific legal advantages exist in a local jurisdiction.
Be mindful that trademark classes, examination standards, and timelines vary widely across jurisdictions. Enforcement and opposition procedures are also country-specific.
Key strategies for global protection include:
- Conducting clearance searches in each target country
- Registering early in jurisdictions where you manufacture or sell
- Monitoring for potential infringements in foreign markets
- Working with local counsel for filings and enforcement
