To protect the value of your business and establish a consistent brand image, you must secure trademark protection. But how can you do that if your brand is based in the United States, and your target audience is based in China?
It’s not as difficult as you think. With the right preparation, you can secure your trademark protection worldwide.
This article covers everything you need to know about registering your trademark in a foreign country. From the types of trademarks you can register, to the legal implications of doing so and the steps you need to take to achieve this goal.
What Trademarks Are
Trademarks are a type of intellectual property that “identify the source of goods or services without preventing third parties from using a similar mark.“ To put it simply, trademarks are the most important form of legal protection available to businesses.
A trademark can be anything that’s capable of being identified, like a word, logo, colour, sound, or smell. It’s not necessary that the trademark be unique — as long as it is capable of being identified, it can be used as a trademark.
What Trademarks Are For
The most common type of trademark is a service mark, which is used to identify a service rather than a product. Examples of service marks include McDonald’s “Golden Arches”, Hilton “H” logo, and Nike “swoosh.”
A product mark is used to identify a product. To be valid, the product mark must be able to be identified as coming from a particular company or business. Examples of product marks include Starbucks “red bull” logo, Coca-Cola “coke” logo, and Nike “swoosh.”
The first step to international trademark registration your business name is to register it as a trademark with the United States Patent and Trademark Office (USPTO).
An application for trademark registration is filed with the USPTO. It’s a federal application, so it must be filed with the federal government. The application must be in writing, signed by an authorized person, and include the type of mark being registered, the date the mark was first used, and any other identifying information.
The registration fee is $225 for a first registration and $35 for each additional class. Trademark attorneys will charge an additional fee for filing the paperwork.
The Legal Implications Of Registering A Trademark
The trademark itself is public record and anyone can search it at the USPTO website. If someone else is using your trademark as a mark, they are infringing on your trademark rights. If you want to take legal action, you must first file a “counterfeit mark” action.
A trademark can be cancelled if: The owner doesn’t file an application to register the mark. The mark isn’t used in commerce within three years of registration. The mark is used in bad faith (i.e.: intentionally trying to harm another business with the mark).
Chck it here about their expert services, which are hassle-free services designed to cater to all of your trademark demands while keeping in mind international standards and best practices, you can obtain help with filing and make the online trademark registration process simple and fast.