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If you are considering expanding your business to the global marketplace, our Michigan international trademark lawyer can help you ensure that your rights and brand are protected as you do so. Even if you have a registered trademark with the United States Patent and Trademark Office (USPTO), there are additional steps that you must take to ensure that your trademarked material is protected as you venture onto the international stage. While there is no singular method of registering a worldwide trademark, there are steps that you can take to protect your brand and your trademark on an international level. To discuss your case and how to protect your brand internationally, contact our team at the Trademark Lawyer Law Firm today.
One of the most effective ways to protect a trademark internationally is known as the Madrid Protocol. The Madrid Protocol is recognized by over 100 countries, including members of the European Union, the United Kingdom, Australia, Russia, China, Japan, Brazil, and many other countries. This process allows you to file one application for each country that you wish to secure a trademark in. Additionally, when the time comes to renew your trademark, there is only one renewal date.
In order to file an application under the Madrid Protocol, you must first file (or have previously filed) for a trademark under the USPTO. Once you have filed under the USPTO’s application process, your application will be sent to the International Bureau and to each country that you have requested a trademark under for review. Our experienced Michigan international trademark attorney can help you complete, review, and file your application in order to ensure that all USPTO and Madrid Protocol guidelines are met.
While the Madrid Protocol streamlines the process of filing for international trademarks, it is important to thoroughly complete the application with all required information. Inaccurate or incomplete information can lead to an objection from the USPTO or one or more foreign countries, complicating the process. Our lawyer will help make sure that your application is complete and gives you the best chance of successfully securing your trademarks.
Beyond assistance with filing and registering for a trademark under the Madrid Protocol, our MI international trademark lawyer can assist with European Union trademark applications, trademark infringement and cease and desist letters, international trademark disputes, licensing agreements, and international trademark renewals. Our experience and knowledge of international trademark laws and regulations allows us to assist our clients with a range of cases.
Venturing into the global marketplace is an exciting and important step for your business and brand, but you must be sure that you are properly safeguarding yourself and your brand from misuse and theft. Our dedicated international trademark lawyers understand the importance of your brand and the best ways to protect it on the international level. With our professional guidance and assistance, you can rest assured that your trademark is in good hands. For more information on how to protect your trademark internationally, contact the Trademark Lawyer Law Firm today to schedule a consultation.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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