International Trademark Search: All you Need to Know
What is International Trademark Search and How Does It Work?
Companies who plan to export international trademark Search can use them. The Madrid Protocol governs international trademark registration and application. This registration is not like the trademark Protection provided U.S. Patent and Trademark Office. It prevents the worldwide use of intellectual property from companies.
The World Intellectual Properties Organization of Geneva regulates registrations and maintains a database that allows for international trademark searches. Global businesses can access this international database to locate trademark applications, statuses, decisions, and other information. Customers can choose to conduct a worldwide trademark search or class search.
The international trademark registration and search for it is usually done at the national level. This means that companies who wish to operate in multiple locations and use the same mark could need to perform multiple searches and submit applications for each. International trademarks can be renewed after expiry for an additional 10 year period.
The outcome of other applications will not be affected if there is an objection against the trademark being used in a particular country. However, international trademark applications within EU countries are considered one and the applicant’s chances of approval in other EU countries will be affected.
What’s International Trademark Search Used For?
International trademark registration is an important step for any company, but it can be difficult. International trademark registration is essential in today’s globalized economy.
For locating similar or infringing trademarks abroad, international trademark searches are also necessary. If a company plans to use a mark overseas, they will need to make sure that it does not use any trademarks that are already registered in one of their operating countries.
The company must register and have at least one mark accepted to be able to use the international searching facility. International trademark searches can be conducted in North America and South America as well as Africa and the Middle East.
The Madrid Protocol for trademarks is composed of 91 members. You can find the WIPO website listing the signatory countries. __S.20__ Companies can use international trademark registrations to protect their brand while expanding internationally.
International Trademark Search: Why?
The trademark registration with the United States Patent and Trademark Office is not a guarantee that the company can use the trademark abroad.
The company can register a trademark abroad to have the exclusive rights of using the given mark with their products or services overseas. This means that foreign resellers will not have the right to use the trademark in association with their products or services abroad.
The international trademark search facility also provides a way to identify companies who infringe the mark. If no results are returned, the company may register their trademark abroad and have all rights. They can also license it to other companies to create overseas franchises.
Clearance checks must be performed by companies before they register trademarks to avoid being sued in the country. More information can be obtained from the national Patent and Trademark Office, or an international trademark attorney.
International Trademark Search: What to Avoid
The use of the mark in another country is unlikely to affect a company’s ability to conduct business abroad if they are not planning on doing so. The search and application process can take time and costs money. Registering a trademark in the country where you are based can help to save time, effort, and resources.
Businesses may find it difficult to use national and international trademark search engines. In these cases, they can seek out professional help. A trademark and Patent Attorney will be able provide advice, professional searches, and detailed reports regarding the mark’s overseas status. This will cut down the time required for companies to expand overseas.
How to Use International Trademark Search Facility
Numerous companies provide international trademark search services online as well as in offices. The WIPO control panels includes companies that have signed up to the Madrid System.
There are several ways you can use international trademark search services. Preliminary Search of Trademark: This is the simplest.
These are the main search types:
• Keyword search
• Search for your logo
• Device mark search
Class 1-45 is used for products and categories. Phonetic similarities are also used in word search. The Nice Classification database is used for logo search. It was created based upon the Nice Agreement. Device mark search can be done using the International Classification of Figurative Elements of Mark Database.
Phonetic search is also available for international users. Other commonly used search engines to locate registered marks include serial numbers and date.
One of the biggest mistakes in international registration and searching for trademarks is when companies assume they can register a trademark abroad even though it is not already protected in their home country. To gain international protection, the company must own the right of the trademark in at most one country.
Companies are not aware that international trademark registrations are subject of a live protection of at most five years. This protection is required in order to be able to register a mark overseas.
Another area that companies often fail to address is the translation of company names or trademarks. International partners should be consulted to determine which companies and emotions are associated with the given phrase. They also need to know if the translated word is related within their country’s industry sector.
It is one of the biggest mistakes a company makes when it comes to searching for and applying. http://www.wipo.int/madrid/en/fees/calculator.jsp gives companies answers to the most crucial question: Is it worth registering your mark in multiple countries?
Find out the top mistakes in international mark search.
Frequently Asked Question
• What is the most commonly used system for international trademark search
Databases from all countries signed up to the Madrid Protocol are included in the WIPO system.
• Do I need to perform a trademark search before I apply?
Yes. It is crucial to act quickly if your mark is infringing with the trademark of another company or is being used by a franchisee or partner.
• What if the country in which I want to register my trademark is not part of the WIPO system.
However, national databases are available for searching, but they can be difficult to use.
An experienced lawyer will help you navigate the international trademark searching process. Visit UpCounsel today to begin the process.