How to protect your trade mark via the other national offices

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In order to register a trade mark in a foreign country as a national mark an application for registration of a trade mark should be filed with the trade mark office of a relevant country. The trade mark will be protected on the territory of the relevant country or union of countries.

This way of registration is complicated due to language barrier, different processing normatives of the offices and a requirement to employ a local representative for communication with the national offices of many countries. Consequently it is more reasonable to use international registration systems for obtaining legal protection: European Union trade mark system or registration under the Madrid Protocol.

On the other hand national registration may be the most rational way for some applicants, for example if protection is needed only in one neighbouring country or if there is a need to adjust the trade mark according to the local market (e.g. registration of a trade mark in the Cyrillic characters may be necessary only in Russia).

Searches for earlier identical and similar registered trade marks in foreign countries can be done on the websites of the offices of those countries (Directory of Intellectual Property Offices on WIPO's webpage) or in the databases TMView and Global Brand.



Last modified 22.02.2017