International Trademark Filing is important for any business that wants to expand across borders. There are many reasons why international trademark filing is important, and it’s best to know them before you start the process. Although it’s not mandatory to file your IPR internationally, there are many benefits of doing so.
Why International Filing Is Important
With an international filing, you can:
- Be found in a different country without being subject to local legislation;
- Have your mark recognized worldwide; and
- Get protection, even if your mark has been registered in another country.
Whether you’re prepared for the process or not, here are some ways to file your IPR internationally.
- File with the World Intellectual Property Organization (WIPO)
- Use the Madrid System
- File with a national trade mark office outside of your home country
How to File IPR Internationally
The first step is to find an International filing office. There are a few offices that have been designated by the World Intellectual Property Organization (WIPO) to process international filings. You can find out which office you should file with by visiting their website.
Once you’ve found your office, it’s time to fill out the form and send it in. WIPO has a very helpful PDF guide that will walk you through the process of filling out the form and submitting it.
Once you submit your request, there will be a period of waiting before approval or rejection. It’s best to file your request as soon as possible so that you don’t have to wait too long before your application is accepted or denied.
Some things to keep in mind when filing internationally:
If you plan on using an attorney, make sure they are registered as an agent at your local US Office of Patents and Trademarks (USPTO).
If you’re using an attorney, ensure that they have complied with all required documentation for international filings.
For International Trademark Filing applications, pay particular attention to the language used in the description and claims sections of your application.
International trademark filing provides many benefits to your business such as:
- Protection of your mark no matter where you are in the world;
- The ability to have your mark found globally, and not just nationally;
- Making it easier for you to have a global presence.
- Ability to protect marks registered internationally.
- Lower fees.
Claiming a Trademark without Paying the Filing Fee
The first step in international trademark filing is to claim your trademark. You can do this without paying the $300 filing fee by using a provisional application. This process will allow you to get your mark registered before paying the filing fee. If you’re going to file an international registration, it’s best to file a provisional application during the public phase of the registration process. Otherwise, you’ll have to wait until after the opposition period has passed before continuing with your international filing.