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How Much Does it Cost to Register a Trademark Internationally

On Behalf of | Apr 6, 2021 | Trademark Law

After you file a trademark application in the United States, you should consider registering your trademark internationally. Several benefits come from taking the time to register your trademark internationally. Registering a trademark internationally will allow you to prevent other businesses from using your logos, mottos, words, sounds, or other identifying types of trademarks without your permission. We will discuss how much it costs to register a trademark internationally below.

The International Trademark Application

When you register a trademark in the United States with the U.S. Patent and Trademark Office (USPTO), you only have protection over your trademark in the United States. You will not be able to enforce her trademark if it is being violated in other countries. If you would like to protect your trademark internationally, you must register it with the individual country in which you want trademark protection. For example, if you would like to have trademark protection in the UK, you will need to follow their guidelines to register your trademark.

The first expense involved with registering a trademark internationally comes with your application fee. Keep in mind that there is no recognized international trademark that is accepted in every other country outside of the United States. However, there is international trademark registration.

The Madrid Protocol

The Protocol relating to the Madrid Agreement Concerning the International Registration of Marks, also known as the Madrid Protocol, allows international trademark protection. This treaty allows individuals and businesses who own trademarks to register their marks in any member countries that have signed the treaty. If you would like to use the Madrid Protocol, you will still need to file your own application, called an international application.

Application fees for the Madrid Protocol increased in price recently from 388 Swiss Francs to 460 Swiss Francs per class. If you have already registered your trademark in the United States, the renewal fee will decrease from 291 to 276 Swiss Francs. Application fees lodged directly with the USPTO will increase to $350 US per class.

The United States and over 100 other countries are currently members of the Madrid Protocol. Remember that even if you do file a registration, do the Madrid Protocol. It makes applying for foreign trademarks easier. Still, it does not guarantee that an individual country will accept your trademark registration. Each country maintains sovereignty regarding trademarks. Every individual country still follows its standards and laws regarding which type of international trademarks it registers.

Multiple benefits come with registering through the Madrid Protocol, including the following:

  • One application: When you use the Madrid Protocol, you only need to file one application for your trademark. This is a much simpler process than needing to file a unique application in every single country in which you wish to register.
  • Not hiring a foreign law firm: You will not need to employ local legal counsel for every country in which you seek a trademark. This will save you a significant amount of money. Keep in mind that if you run into challenges with one or more countries in which you are registered, you will need to work with the local counsel. Unless and until that occurs, you can work with your current intellectual property lawyer to submit your application via the Madrid Protocol.
  • Easy payment options: You will need to pay for your application and additional fees from time to time to keep your registration active. When you seek an international registration, you will pay your renewal fees through the International Bureau of WIPO, which will maintain your trademark in each country where you have registered.
  • Easy information changes: Making changes to your trademark registration is easier when you work with the Madrid Protocol. Instead of communicating with multiple foreign bureaucratic agencies to make a change, such as a change of address, you will only need to deal with the International Bureau of WIPO. Their office will change your information, and the change will automatically take effect in other countries.

You May Choose Not to Use the Madrid Protocol

Many advantages come with registering your trademark through the Madrid Protocol. However, not all of our clients decide to use it. Even though over 100 countries are part of the Madrid Protocol, you may need to register a trademark in a country that is not a member. For example, until 2019, Canada was not part of the Madrid Protocol. It may not be worth it for you to go through the Madrid Protocol, depending on the country where you would like to be registered.

Additionally, when you apply to the Madrid Protocol, you may find the required description of your product or services not sufficiently broad. An inexperienced intellectual property lawyer can help you determine whether it is worth your time to register through the Madrid Protocol.

The Cost of Registering a Trademark Internationally

The cost of registering an international trademark varies depending on the country in which you are filing the trademark. Typically, if you are filing a trademark as a brand owner with various lines of business, you will pay a more expensive fee than a local company with only one product. The cost of filing a trademark depends on several different factors, including how you go about the trademark registration, the complexity of your trademark, and the type of international trademark you are seeking.

For example, suppose you plan on marketing and selling your trademark internationally in nearly every country. In that case, you will probably need to register your trademarks in dozens of countries where you would like to do business. Doing so will be significantly more expensive than registering a trademark and only a few other countries.

Contact an International Trademark Lawyer Today

Are you seeking a trademark in the United States or internationally? If so, the experienced International property lawyers atAU LLC are here to help. We routinely assist clients throughout the United States and internationally in procuring trademarks. We have an in-depth knowledge of the Madrid Protocol and will help you register your international trademark. We also represent clients who are involved in international trademark disputes. We have a wide network of local counsel in other countries and can help you protect your intellectual property rights. Contact us today to schedule your initial consultation.