What is an “international trademark”?
Every country has its own trademark laws. A trademark registration in the United States only protects your mark within the United States.
To protect your trademarks outside of the United States, you have two options.
You can file directly with the trademark office in the country you want to register your trademark in. This is expensive and complex as you need to find an attorney licensed in the foreign country to represent you.
Alternatively, you can file an application through the World Intellectual Property Organization's (WIPO) Madrid System by “exporting” your U.S. trademark application or registration and selecting the countries you would like coverage in. The whole process will take place in English and we will bill you in U.S. dollars using familiar payment methods. There’s no need for international wire transfers in other currencies as we take care of that complexity for you.
Can anyone work with Markavo to file a Madrid System application?
No. A U.S. trademark application or registration can be used to apply for an international trademark if the owner of the trademark has a personal or business connection with the United States. This means that one or more of the statements below is true:
The trademark applicant is a national of the United States.
The trademark applicant has a domicile in the United States.
The trademark applicant has a real and effective commercial establishment in the United States.
If none of the above statements are true, you will not be able to use your U.S. trademark to file using the Madrid system.
Can I file in all countries?
Theoretically, yes, but you would spend tens of thousands of dollars on government fees to do so. From a commercial perspective, it only makes sense to pay for the countries you actually sell in.
Can I file in one country today and in the future add other countries to the same international application?
Yes. This is called a “subsequent designation.” Let’s say today you are selling in Japan and apply for protection there. Three years from now, you plan to start selling in China. It will be possible to add China to the same international application in three years by paying the required fees to China.
How much does this cost?
Markavo charges $799 in legal fees. In addition, there are significant government fees. Every country you apply to requires their own government fees. These vary dramatically by the specific country (anywhere from a few hundred dollars to several thousand dollars). The U.S. has government fees to process your application as does the World Intellectual Property Organization.
Typically, most clients can expect to spend $1,500-$4,000 on a Madrid application.
How do I hire Markavo to file an International trademark application for me?
Please contact us with a list of countries you would like protection in and we can provide a quote including all domestic and foreign government filing fees.