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Trademarks provide intellectual property rights and protections to a logo or other distinctive signifier, allowing consumers to identify goods or services. To obtain an international trademark, understand treaties and systems governing international property rights. The TIRP and CTM are resources for WTO and EU member countries, respectively. The Madrid System is an international trademark registration system. The ITA provides resources, including country-specific registration information, a database of internationally registered trademarks, and publications.
Trademarks provide a company or individual with intellectual property rights and protections to a logo or other distinctive signifier. These marks allow consumers to readily identify the goods or services provided by the business or individual and are of great value. There is no current brand that is valid in all countries of the world. To obtain an international trademark for yourself or your client, it is important to understand the various treaties and systems that govern international property rights.
If you are applying for a trademark in a member country of the World Trade Organization (WTO), your application must adhere to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TIRP). TIRP trademark provisions and regulations are based on the parameters established in the Paris Convention for the Protection of Individual Property. Among other provisions, the TIRP ensures that applicants for a trademark in a WTO member country receive the same treatment as nationals of that country.
To get a trademark registered in another country, you must meet that country’s requirements. The TIRPs include these requirements for WTO member countries. Another resource is the International Trademark Association (ITA), a global non-profit organization that advocates for the interests of international trademark owners.
For individuals and companies wishing to register in all EU member countries, they can do so under the Community Trade Mark System (CTM). Registration with CTM requires only one application and filing fee for all member nations. The system is administered by the Organization for Harmonization in the Internal Market (OHIM). Non-EU applicants must have professional representation to register or file an opposition application. EU applicants do not need professional representation, although it is strongly recommended.
Currently, 85 countries are represented by the Madrid System, an international trademark registration system administered by the World Intellectual Property Organization. As with the Community trade mark, registration in the Madrid system only requires an application and filing fee. However, an applicant must already have a valid registration in their home country before proceeding with a Madrid System application. In most countries, the applicant submits to their home country, which in turn submits an international application on behalf of the applicant.
If you need more information or are looking for further training in international trademark law, check with the ITA. They provide a number of different resources, including country-specific registration information, a database of internationally registered trademarks, and an up-to-date list of trademark cancellations. This organization also produces two publications, including an academic journal and a regular newsletter with information on current trends and practices, as well as forums and e-learning opportunities.
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