International Trademarks: Keep Copycats from Stealing Your Brand Worldwide

Expanding your brand beyond the U.S. is exciting, but it also opens the door for global trademark theft. Just because you have a registered trademark in the U.S. doesn’t mean you’re protected internationally. Without proper protection, businesses in other countries can legally use your brand name, copy your logo, or even register your trademark before you do.

At Horn Wright, LLP, our trademark lawyers help businesses secure their trademarks worldwide. Whether you’re launching internationally or just planning for future growth, you deserve one of the best law firms in America to guide you through the process.

How to Trademark a Brand in Multiple Countries: Don’t Assume You’re Protected

Many business owners mistakenly believe that a U.S. trademark protects them everywhere. The truth it: it doesn’t. Trademark rights are territorial, meaning you must register separately in each country where you want protection.

Here’s how you can secure international trademark rights:

Option 1: File Directly with Each Country

You can file for a trademark separately in each country where you do business. This approach:

• Gives you stronger protection in each country
• Lets you tailor your application to each country’s legal system
• Works best for companies with only a few target markets

However, filing in multiple countries individually can be time-consuming and expensive. If you’re looking for widespread global protection, the Madrid Protocol offers a better alternative.

Option 2: Use the Madrid Protocol for Simplified Global Protection

The Madrid Protocol allows you to apply for a trademark in over 130 countries with a single application. It’s a cost-effective way to protect your brand globally.

Here’s how it works:

1. Start with a U.S. trademark application – You must already have a registered or pending trademark with the USPTO.
2. File a single Madrid Protocol application – This lets you seek protection in multiple countries at once.
3. Each country reviews your application separately – While the Madrid Protocol simplifies the process, individual countries can still reject your application based on their local laws.

The Madrid Protocol is ideal for businesses looking to expand into multiple countries but doesn’t cover every region.

The Madrid Protocol: Streamlining Global Trademark Protection

The Madrid Protocol is one of the most powerful tools for businesses expanding internationally. But while it simplifies filing, it doesn’t guarantee automatic approval.

Pros of the Madrid Protocol:

• One application, multiple countries – Saves time and money.
• Easy maintenance – You can manage all trademarks centrally instead of dealing with different national offices.
• More cost-effective – Filing under Madrid is generally cheaper than applying in each country separately.

Cons of the Madrid Protocol:

• Not all countries participate – Some major economies (like Canada before 2019) aren’t included.
• Each country has its own rules – Your trademark could be approved in one country but rejected in another.
• Dependence on your U.S. trademark – If your U.S. trademark is canceled within the first five years, your entire Madrid registration could be voided.

The Madrid Protocol is a powerful tool, but it’s not always the best option. In some cases, direct national filings may offer stronger protection.

Differences in Trademark Laws by Country: What Works in the U.S. May Not Work Elsewhere

Trademark laws vary significantly from country to country. Just because your brand is legally protected in the U.S. doesn’t mean it will be in China, Europe, or Latin America. Our intellectual property lawyers at Horn Wright, LLP, can guide you through the process from start to finish.

Here are some key differences to watch out for:

First-to-Use vs. First-to-File Systems

• U.S. and Canada: Follow a first-to-use system, meaning whoever uses the trademark first gets the rights.
• China, Japan, and most of Europe: Follow a first-to-file system, meaning whoever files the trademark first owns it—even if they weren’t the original creator.

This is why trademark squatting is a huge problem in countries like China. Many businesses have been forced to buy back their own trademarks because someone else registered them first.

Translation & Cultural Differences Matter

• A brand name that works in New York might not translate well internationally.
• Some countries require trademarks in local languages.
• Cultural differences can make certain words or images offensive or legally problematic.

For example, Nike had to change its brand name in China to 耐克 (Nài kè) to fit the local market. If you’re expanding internationally, you may need to adapt your trademark for different cultures.

Trademark Enforcement Varies by Country

• Some countries strictly enforce trademark laws, while others have weaker protections.
• In countries like China, fake goods and knockoffs are widespread, making enforcement more difficult.
• If you don’t actively enforce your trademark, you could lose your rights in some regions.

Understanding these differences is critical if you want strong, enforceable trademark rights worldwide.

Expanding Internationally? Get the Right Protection Before It’s Too Late

Protecting your brand globally isn’t just about filing paperwork—it’s about staying ahead of international trademark risks. Without proper protection, someone else could:

• Register your trademark first, forcing you to buy it back or rebrand
• Sell knockoff products under your name, damaging your reputation
• Block your brand from entering key markets, limiting your global growth

The experienced attorneys at Horn Wright, LLP, we help businesses in New York protect their trademarks worldwide. Whether you need to register under the Madrid Protocol, file directly in key markets, or enforce your rights internationally, we’ll make sure your brand stays secure. 

Don’t wait until your brand is stolen. Contact our office today for a consultation and get the protection you need today.