For businesses expanding across borders, protecting a brand internationally is crucial. A common question we hear is: āCan I file just one trade mark that covers the every country?ā Itās a fair question and a hopeful one. After all, wouldnāt it be convenient if a single application granted trade mark protection in every country? Unfortunately, the short answer is no, there is no such thing as a single āinternational trade markā that covers all countries.
But that doesnāt mean global protection is out of reach. The path to securing your brand across multiple countries is possible with smart, strategic navigation of existing international systems. Letās explore whatās available and whatās not.
Why Isnāt There a Global Trade Mark?
Trade mark law is territorial. That means each country maintains its own laws, standards, and registration systems. What qualifies as a trade mark in one jurisdiction may not in another, and enforcement mechanisms can vary dramatically.
Despite increasing globalisation, intellectual property rights are still deeply tied to national sovereignty. As a result, no single treaty or system grants universal trade mark coverage.
However, there are tools to simplify the process of filing in multiple countries.
The Madrid System: One Application, Multiple Countries
The Madrid System administered by the World Intellectual Property Organization (WIPO) is the closest thing we have to a streamlined international trade mark process. Through this system, you can file a single application (called an International Registration) that can extend to over 110 member countries, including the UK, EU, Australia, the US, China, and many others.
But there are caveats:
- You must already have a national or regional trade mark (called a “basic mark”) in your home country before applying through the Madrid System.
- The protection granted is still subject to approval by each designated country. In other words, each trade mark office can refuse your application based on their national rules.
- Not all countries are members. Important markets like Argentina, South Africa, and some Middle Eastern nations are outside the Madrid System, meaning separate applications are needed.
The European Union Trademark (EUTM)
If your focus is Europe, the European Union Intellectual Property Office (EUIPO) offers the EUTM, a single application granting protection in all 27 EU member states. Itās cost-effective and efficient, but only applicable within the EU.
National Applications
Sometimes, filing directly in each countryās trade mark office is necessary, especially for non-Madrid members or countries with unique legal requirements. This process can be more time-consuming and costly but offers flexibility and tailored protection strategies.
Strategic Global Protection: Itās Not One-Size-Fits-All
At brandU Legal, we approach global trade mark strategy with precision. Instead of a blanket solution, we help clients identify:
- Key markets: Where are your customers, suppliers, and competitors?
- Jurisdictional risks: Where are you vulnerable to infringement or counterfeits?
- Budget constraints: Where should you invest in protection first?
Our team has decades of experience guiding brands across continents whether through Madrid filings, EUTMs, or a hybrid national approach. We understand the nuances, the pitfalls, and how to navigate them.
Your Brand Is Our Businessā¢
While thereās no single trade mark that covers every country, there is a clear path to building a truly global brand with the right strategy and partners. At brandU Legal, we specialise in smart, strategic IP advice that gets results. We’re not here to sell one-size-fits-all packages, weāre here to protect what youāve built with a tailored approach that meets your unique global goals.
If you’re looking to expand your brand internationally, weāre here to help make your next move the right one.