How to Register an International Trademark
The global nature of business makes it desirable for a trademark holder to secure his rights internationally. Luckily, there are a few governing bodies that manage international trademark registration. The most common is called the Madrid Protocol, which covers more than 65 member countries. Additionally, trademarks can be protected in 16 African countries through the African Intellectual Property Organization (OAPI) and in the European Union through what's called the Community Trade Mark.
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Instructions
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Search existing trademarks. There is no definitive and complete database of all registered trademarks, but it's in your interest to conduct a trademark search with due diligence in the countries where you plan to conduct business. The U.S. Patent and Trademark Office (USPTO) maintains a Trademark Electronic Search System (TESS) free of charge through its website. Not conducting a search can can leave you liable to charges of negligence and damages if you violate an existing mark.
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Apply for domestic trademark. The genius of the international trademark system is that it allows you to register in your own country and simply apply for protection under the applicable international organization. This can even be done online through the USPTO Trademark Electronic Application System (TEAS) website. In addition, the registration process requires you to physically mail a specimen of a trademarked product bearing the mark, and a drawing of the trademark itself.
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File for international protection. In addition to your domestic trademark application, complete and submit an application for international trademark registration. For Madrid Protocol applications, the form is available online from the World Intellectual Property Organization (see resources below) and should be submitted to the USPTO with your domestic application, either electronically or through the mail. On the form you must designate the countries in which you are seeking trademark protection. There's also an additional filing fee of $100 plus other potential filing charges.
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Tips & Warnings
Once applied for, each individual country in which trademark registration is sought must approve the registration for it to take effect in that country. Once trademark protection is granted, it carries all the same trademark protections of the domestic U.S. trademark.
