THERE IS NO SUCH THING AS A WORLDWIDE TRADEMARK

Our clients often assume it is possible to register a single trademark that would be valid across the entire world. While this idea may seem logical, especially given the trends of globalisation and the expansion of major brands, the reality is a little different. Although there are companies that have registered their trademarks in nearly every country in the world, there is no single international authority that governs trademarks on a global scale.

Each country has its own legal framework that governs how the trademark registration takes place. The differences relate not only the procedures, but also to the level of protection each country provides. Moreover, every country has its own intellectual property office responsible for administering trademarks within its territory.

The Madrid System: The Closest Option to a Global Solution

Although no such thing as a “global trademark” currently exists, the concept that comes closest is the Madrid System, administered by the World Intellectual Property Organization (WIPO), based in Geneva. It simplifies the process for businesses to register trademarks in multiple countries at once.

How Does the Madrid System Work?

The Madrid System provides a comprehensive solution for businesses to secure protection for their brand in various countries. It offers a centralised method of filing an application, covering more than 130 countries. With a single application, you can protect your trademark in many key markets around the world. However, this does not result in a global trademark. The outcome of this registration process depends on the decision of each country.

What are the benefits?

• Simple filing: There is no need to file multiple applications in various countries, languages, and with different fees. Regardless of how many countries you wish to protect your trademark in, only one application is needed, typically in English, with one set of fees paid in Swiss francs.
• Saves time and money: Filing via the Madrid System saves both time and expenses that would otherwise be required for submitting individual applications in each country.
• Centralised management: One of the system’s biggest advantages is having all your trademark registrations in one place. You can manage all administrative tasks such as changes, renewals, or ownership transfers from a single source, streamlining the entire process.

The Registration Process:

1. National or EU trademark registration: The process start with you having a registered national trademark, or at least a pending application, in your home country, or an EU trademark.
2. International application: You can then file an international application via your national intellectual property office, in the Czech Republic it would be the Industrial Property Office, or via the EU Intellectual Property Office (EUIPO), which will forward the application to WIPO.
3. Decision on protection: WIPO then distributes the application to the designated member countries. Each relevant national office will assess the application under its own legal framework and decide independently whether to grant or refuse protection, or to request additional information.

Considering Trademark Registration Abroad?

If you plan to expand your business internationally, it is essential to act promptly and secure trademark protection in the key countries where you intend to operate.

For expansion within the European Union, we recommend applying for an EU trademark through EUIPO, which offers protection across all EU member states with a single application.

The Madrid System currently has 115 members, covering 131 countries and representing over 80% of global trade. This includes most major markets such as the EU, United States, China, Japan, and many others. With one international application, you can seek protection in all member states that approve your registration. While the process is significantly streamlined, it’s important to bear in mind that each country retains the right to accept or reject the application, this means that a true global trademark still does not exist.

Registering your trademark abroad not only gives you a competitive edge and strengthens your brand’s position in the long term, but it also helps you avoid potential legal disputes that could arise if your trademark is not protected in markets you intend to enter.

Get in touch with the legal team at MACEK.LEGAL for assistance with trademark registration, whether you’re seeking protection in the Czech Republic, the EU, or looking to expand to global markets.

#Brand protection #Trademark #Worldwide trademark