Generally, the answer is no. Registering a trademark in the United States does not mean that your trademark is registered in foreign countries. Foreign countries do not recognize U.S. registrations and require that trademarks be registered under their trademark laws and procedures.
That being said, in some countries like the United Kingdom, Canada, Australia and others, trademarks are honored and protected under the common law. So, a U.S.-registered trademark would have some minimal legal protections where common law trademark rights are accepted. However, no business should rely on common law trademark protections. If you are doing business in and with a foreign market, your business should apply for registration in each country or region where you are doing business and need maximum legal protection for your trademarks.
If your international business is mainly with one or two countries — such as Canada and/or Mexico — it may be easier to file applications with the respective national trademark offices.
However, if your business involves multiple countries — or if your business is expected to expand to multiple countries — then there are international treaties that allow one trademark application to cover multiple foreign countries.
One option is the Madrid Protocol, which is formally the “Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks”). The World Intellectual Property Organization (“WIPO”) administers the Madrid Protocol, and the Protocol covers around 120 countries. Using the Madrid Protocol allows an owner of a registered trademark to complete one application and identify various countries where trademark protection is desired. The application is forwarded to that (or those) countries for processing by the WIPO. Note that the trademark must already be registered under at least one set of trademark laws — the “basic registration” — and each country where the Madrid Protocol application is submitted will decide whether to approve (or deny) the application based on their own trademark laws.
If your international business operations are mostly with European countries, an option is to file a trademark application with the European Union Intellectual Property Office (“EUIPO”). The European Union (“EU”) covers most of Europe and some adjacent areas (not including the United Kingdom, which exited the EU in 2021). A single application is filed with the EUIPO and if approved, it will result in an EU-wide registered trademark that will provide maximum legal protections for trademarks in each EU member state. The EUIPO makes the decision on whether to approve (or deny) an application to register a trademark in the EU.
For those with significant business interests in Africa, there are two international organizations similar to the EUIPO – the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI). Each covers different areas of Africa and allows the filing of a single application for trademark registration. If approved, trademark registration will provide legal trademark protection for multiple countries within those African regions.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
