Where should I register my trade mark?

Written by Anastasia Troshkova | August 18, 2022

Trade Marks

Oftentimes we get asked how to obtain a ‘worldwide’ trade mark.

However, trade marks are territorial, which means that you will have to obtain a separate trade mark in each country you would like to obtain protection (there are just a couple of exceptions, such as a single EU trade mark covers all Member States).

In light of this, obtaining a trade mark in each country worldwide could be prohibitively expensive, nor is it necessary in the majority of cases.

When thinking about where to obtain a trade mark, a starting point would be:

  • The countries where you actually sell your goods and/or provide your services; and
  • The countries where you expect you will start selling your goods and/or providing your services in the next few years.

If you manufacture your goods in a country where you do not sell them, you should consider obtaining a trade mark protection there too – to ensure no third parties register your trade mark there and to avoid potential issues with exports.

If your business is online, and you ship your goods worldwide, it becomes trickier to decide where to register your trade mark. In this case, you may initially wish to obtain protection:

  • In the countries with the highest volume of sales;
  • In the countries where there is an increased risk of counterfeits and trade mark squatting;
  • In the countries where you would suffer significant damage if there are prior/blocking marks.

Briffa, being expert in all aspects intellectual property law and practice, will be happy to help you put a trade mark protection strategy in place. If you would like to discuss protection of your brand, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.

Written by Anastasia Troshkova – Associate

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