Going global: how to keep your brand safe worldwide

However, trade mark rights are territorial in nature, meaning that protection only extends to those territories where you have your trade marks registered.

So how can you protect your name, logo, or slogan in multiple countries efficiently?

There are generally two routes to protect your trade mark internationally:

1. Direct National Filings

You can file a national trade mark application directly at the intellectual property offices of each territory where you want registered protection.

This approach can offer more control and flexibility (especially in countries with specific legal or procedural requirements) but it can also be time-consuming and expensive, as each application is processed separately and typically requires a local representative.

2. Madrid Protocol Filings

This is a centralised, international trade mark system administered by WIPO (World Intellectual Property Organization). It allows you to file one application, in one language, and pay one set of fees to seek protection in over 130 countries.

To use the Madrid Protocol System, you must first have a trade mark filed or registered in your home country (for UK businesses, this is usually a UK trade mark). You can then designate other member countries where you wish to protect your mark.

This route is often more cost-effective and efficient, especially for businesses looking to secure protection in multiple jurisdictions at once.

However, it’s not without drawbacks. The designations of a Madrid Protocol filing will be inextricably linked to the national home filing for the first five years following the Madrid’s registration, which means that any restrictions (including complete rejection or cancellation) experienced by the home filing will automatically reflect on all designations during this time.

Final Thoughts

International protection can be sought in different ways, and the best approach will depend on a range of factors, including the territories where protection is needed, the nature of the mark, and your long-term business plans.

Each situation is different, and what works well for one brand may not suit another. Taking the time to understand your options (whether extending protection through direct national filings, the Madrid Protocol system, or a combination of both) can help you make informed decisions that can reduce unnecessary costs and help mitigate the risk of future disputes.

Careful planning at the outset can go a long way toward ensuring your trade mark strategy aligns with your commercial goals, both now and as your business evolves.