This international treaty allows you to file a single application that can then be applied to any of the over 100 member countries, as long as you meet the legal requirements for registration in those countries.Īlthough the Madrid Protocol creates something called an “international registration,” the registration doesn’t create worldwide rights. While there is no such thing as a “worldwide trademark” or a “worldwide trademark registration,” you can register your trademark in multiple countries through the Madrid Protocol. However, the USPTO is not an enforcement agency, so you will be responsible for pursuing any infringing users. You can use the ® symbol and you can generally rely on those rights to protect your trademark as you expand your business across state lines. Registering your trademark with the USPTO creates rights throughout the entire United States and its territories, and includes your registration in our publicly accessible database of registered trademarks. See more information about state registration requirements. It’s your responsibility to prevent others from using your trademark. Also, not all states have trademark registration databases, which means that third parties will not be aware of your rights in that trademark. If you decide to expand your business across state lines, you’ll need to decide if you want to register your trademark in that state or apply for federal registration. Your trademark is not protected if you expand your business across state lines into another state where your trademark is not registered. Registering your trademark with your U.S. For more information, go to our Hiring a U.S.-licensed attorney page. You may instead choose to hire a licensed attorney to help with your trademark application. Therefore, we encourage you to search the Internet, state trademark databases, and business name databases for references to similar trademarks that are related to your goods or services. These rights may be stronger than those based on a registration, if the other party’s common law use is earlier than the use supporting your registration. This limits your rights, as you can only enforce your trademark rights for the specific area where your trademark is used. These rights, known as “common law” rights, are based solely on use of the trademark in commerce within a particular geographic area. Results in the USPTO’s search database are limited to federal trademark applications and registrations and do not include the marks of other parties who may have trademark rights but no federal registration. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration. You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. How you choose to protect your trademark is up to you. They can stop the importation of goods with an infringing trademark.įederal, state, and international registration This may help deter others from using your trademark or one too similar to yours.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |