What is the difference between a national and an international brand?
August 15, 2023 | 40,00 EUR | answered by Helma Krause
Dear trademark lawyer,
My name is Dora Schmid and I have a question regarding the differences between a national and an international trademark. I run a small business and recently registered a trademark for my products. However, I am unsure whether it would be beneficial to also protect my trademark internationally.
Currently, my trademark is only registered nationally, which means it is only protected within my country. However, I am concerned that my trademark may be used by other companies abroad, leading to confusion and potentially harming my business.
Therefore, I would like to know from you what specific advantages there are to registering my trademark internationally. What are the differences in protection and legal rights between a national and an international trademark? And what steps would I need to take to protect my trademark internationally?
I thank you in advance for your assistance and look forward to your assessment of whether an international trademark registration would be beneficial for my business.
Sincerely,
Dora Schmid
Dear Mrs. Schmid,
Thank you for your question regarding the differences between a national and an international brand. It is important to be aware of the various protection options and legal rights, especially when running a small business and wanting to protect your brand.
Firstly, it is important to understand that a national brand registration only provides protection in the country where the brand is registered. This means that your brand is only protected in your own country, and you cannot make legal claims against companies in other countries that use your brand. This can lead to confusion and harm your business.
On the other hand, an international brand registration offers protection in multiple countries or even worldwide, depending on which countries you choose to register your brand in. This can help you protect your brand from misuse in other countries and avoid confusion. It also gives you the opportunity to distribute your products or services on an international level without having to worry about possible trademark infringements.
The steps for international brand registration may vary depending on the countries where you wish to have protection. However, generally, you will need to have a national brand registration in your own country before you can apply for an international registration. You can then apply for protection in other countries through the so-called Madrid System, which allows you to register your brand in multiple countries with just one application.
It is important to note that an international brand registration can incur additional costs, as fees are required for each country where you want protection. Therefore, it is advisable to carefully consider in which countries it is worthwhile to protect your brand in order to avoid unnecessary expenses.
Overall, an international brand registration can be very beneficial for your business, especially if you plan on offering your products or services abroad. It provides comprehensive protection against trademark infringements and can help enhance the reputation and value of your brand.
I hope this information helps you and answers your question about international brand registration. Please do not hesitate to contact me if you need further information.
Best regards,
Helma Krause
Trademark Attorney
