In most of the intellectual property rights, the principle of locality exists. This means that the right is protected in which country it is registered. This also applies to trademarks and a single application cannot provide protection all over the world. Today international trade is increasing, and if a trademark will be used abroad, there should also be registered. For a rights-holder who wants to protect his/her brand internationally, three ways are available;
- Territorial Trademark Application: Such an application is always valid. If the trademark is normally registered under the laws of the related country, in this case, the application is made by the trademark attorney of the related country. This is generally a long and expensive way. However, if there is a low probability of success in territorial or collective application systems, or the related country is not included in these agreements, it can be used.
- International Application with Madrid Protocol; According to the Madrid Protocol in which Turkey is also included, if the trademark is registered in Turkey, a single application using a single language can be applied in countries which are parties to the Madrid Protocol. The number of countries that are a party to the Madrid Protocol has exceeded 100 members and is increasing day by day. According to Madrid Protocol, international trademark application is the most used method. The most important advantages of this method are;
- Protection in many countries with a single application
- Using a single language
- Fees are very cheap compared to the territorial application.
- In case of refusal in one country, it does not affect the other country.
- Regional Brand Application; Trademark protection can be provided to countries that are in a region such as European Union countries and some African countries with a single trademark application. The main advantage of this system is to obtain a common protection of countries included in the region. The disadvantage is that the refusal of the application in one country affects the whole application. This method can be applied in case that the brand is applied in countries concerned with good international preliminary research and in cases in which the probability of rejection is low. The regional trademark application system mostly used in Turkey is a system called European Community Trademark (CTM).
The most important thing for international trademark applications is well-known practices of related country and international practices. In accordance with the international agreements, an attorney of a country cannot make transactions in another country. But if you want to transact in another country, it is necessary to make the transaction by contacting the attorney of that country. In this case, the second important subject is to know the attorney of the relevant country. Normally an attorney can be found online, and transactions can be delivered to him. But on an important issue like trademark, delivering the job can sometimes cause irreparable loss of rights by relying solely on information on websites.
KORDINAT conducts international trademark protections with well-informed and experienced trademark attorneys. The attorneys abroad with whom it cooperate are attorneys who work with reliable and optimum costs owing to many years of cooperation.