Can I register an international brand?
February 2, 2022 | 40,00 EUR | answered by Carsten Schlüter
Dear lawyer,
My name is Jan Weise and I am the owner of a small company specializing in the distribution of high-quality outdoor products. Over the past years, we have successfully established our brand in Germany and are now on a path of expansion. We plan to distribute our products internationally and are therefore interested in an international trademark registration.
Currently, our brand is only registered in Germany. However, we have noticed competitors abroad selling similar products under similar brand names. This concerns us as we fear that our brand may not be adequately protected internationally and we could potentially face trademark infringement issues.
Therefore, my question to you is: Is it possible to register our brand internationally to effectively protect it abroad? What steps would we need to take and what costs and legal aspects should we consider? Are there any alternative solutions to ensure the protection of our brand internationally?
I thank you in advance for your support and look forward to your expert advice.
Best regards,
Jan Weise
Dear Mr. Weise,
Thank you for your inquiry regarding the international registration of your brand. It is understandable that you are concerned about protecting your brand abroad, especially if similar brands are already being used by competitors. International brand registration can indeed be an effective way to protect your brand outside of Germany.
There are various options available to register your brand internationally. A commonly used option is international registration through the Madrid Protocol. This agreement allows you to register your brand in multiple countries simultaneously by submitting a single application to the World Intellectual Property Organization (WIPO). The costs and legal aspects of international registration depend on various factors, such as the number of countries where you seek protection, and the nature of your brand.
It is important to note that international registration does not automatically grant protection in all countries. You must comply with the respective national laws and regulations of each country where you seek protection for your brand. It may also be the case that your brand has already been registered by third parties in some countries, leading to conflicts. In such cases, it is advisable to seek legal advice in a timely manner and consider alternative solutions if necessary.
An alternative way to protect your brand abroad is by individually registering in each country where you intend to operate. While this may be more costly than international registration, it offers greater control over the protection of your brand in each country.
In any case, I recommend that you consult with an experienced trademark lawyer to discuss your options and develop a tailored strategy for protecting your brand abroad. I am available for a personal consultation and can assist you with any legal questions related to trademark law.
Best regards,
Carsten Schlüter
Trademark Lawyer
