Trademarks are intangible assets, and can be
bought, sold or licensed, making your company more valuable. Trademark
establishes a link between enterprise and customer. A strong trademark
will attract customers to use goods or services.
However, you have to analyze your company to
determine the value in seeking trademark protection in foreign countries. An experienced
intellectual property (IP) attorney is the best person to speak to regarding
this decision. There is a mechanism for obtaining a trademark in other
countries: the Madrid Protocol
To sum it up, you should first file for a
trademark in your home country. From there, your country will forward it to
WIPO. After WIPO examines it, and hopefully approve it, it will send you a
certificate of your international registration and notify the IP Offices in all
the territories where you seek trademark protection in. The last step is for
those territories to make a decision within the time limit (12 or 18 months) in
accordance with their own rules. WIPO will record the decisions of the IP
Offices in the International Register and notify you when they are made. If a
particular Office refuses to grant protection, you can contest a refusal
decision directly before it. Conversely, if an IP Office accepts to protect
your mark, it will issue a statement of grant of protection.
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