質問
Hello! We have a registered Trademark in the United States. If we market our products abroad, can we prevent others in the respective country from using our brand based on the U.S. Trademark? I guess we should apply in other countries too, but we have been hesitant to do that because of cost. Does our Trademark provide protection in the sense that others using our U.S.-registered brand are clearly doing this to exploit it? Do we absolutely have to register in every country individually?
回答: 3 public & 0 非公開
The laws vary from country to country, but yes, you should register in each country that you intend to promote your brand. Here in the US, we have common law trademark rights, which allow you some trademark protection even if the trademark is not registered; your common law rights depend on use and timing. The same may apply in other countries, but you'll need to research or seek counsel in those countries. You may be able to mitigate your costs though, for example, the EU (European Union) has a system to register your mark across all of the EU countries. Also, there is the Madrid protocol (treaty name) that simplifies registering your marks around the globe with countries that are a party to the Madrid treaty...but still there are costs for each country you decide to enter.
The short answer to your question though is No, you can not prevent others in other countries from using your brand based upon your US trademark rights. Hope that helps
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