Should a software startup apply for global trademark protection?

Ms. Kadieva has given a great answer. I would simply reiterate that "global" or multi-national trademark protection can get expensive very quickly. The following link lets you play around with prospective fees using the Madrid Protocol: http://www.wipo.int/madrid/en/fees/calculator.jsp?Lang=E&ForDate=20160317&Origin=US&Classes=1&ServCd=EN. International filings would come after the due diligence of determining whether filing in a particular country is even worthwhile on account of your expansion into, or preexisting uses in, those markets. Filing a Section 1(b) application with the USPTO, after an encouraging trademark clearance search, is common first step. Speak with trademark counsel in private to obtain actionable advice.

I would certainly concur with the comments posted previously about global registration following the growth of your business in various countries. If your business is expanding overseas, it is certainly recommended as the local registration of trademarks restricts their protection to the jurisdiction in which they were registered. You need madrid protocol registration to provide adequate global protection.

Hello,
My name is Krasimira Kadieva – an European trademark attorney and it is my pleasure to answer your question. Yes, it is true that early protection of a trademark is important. Most of the startups avoid to register their trademark/s at the beginning since they want to be sure that the business will be profitable and also they have a limited budget. However, I really recommend you to register your trademark at least for the territory of the USA. As your business is SAAS fintech startup, I suppose that you will offer your products/ services internationally. It will be really very expensive if you apply for registration in all countries. In this case I will suggest you to file an application for registration in the USA and then file an application for international registration of your trademark for the counties where your market interest is. International trademark registration is administered by the International Bureau of the World Intellectual Property Organization (WIPO). Trademark owners, whose products or services are internationally traded use this system to register their mark internationally in selected countries, which are parties to the Madrid Protocol. The European Union Intellectual Property Office (EUIPO) is also a member of the Madrid Protocol, which means that if you include EUIPO in your application for international registration then the protection will be spread on the territory of all member states of the European Union. In this case with just two applications (application for registration of a trademark in the USA and application for international registration) you can protect your trademark for all the countries where your market interest is. It is very important to be informed that the protection is only for the territory on which your trademark has been registered. This means that identical or similar trademarks can be registered by other person or legal entity for identical and/ or similar goods or services on a territory where you do not have protection. You will take the decision based on your market interest as well as the available funds you have for the registration of your trademark. I advise you to consult a professional trademark attorney to perform a preliminary trademark search in order to avoid opposition proceedings and be sure that you do not infringe earlier rights. A professional trademark attorney will also help you choose the appropriate goods and/ or services from the Nice classification and file the application for registration. I am wishing you a successful registration of your trademark. With best regards,
Krasimira Kadieva

Ms Kadieva has provided you with excellent advice and it is a strategy I would certainly recommend. If you wanted to stagger the cost of your international TM protection, you might also consider using a system known as 'Convention Priority'. Effectively, it means that you have six months to file and backdate your 'Madrid' international application to the date you filed your US application. By claiming 'convention priority', you can conduct the necessary due diligence (clearance searches) in the intervening period. A 'convention priority' claim will also pre-empt third parties who spot your US application and attempt to get in with an international application for the same trademark before you do. Provided you claim priority, your International 'Madrid' application will take priority.

I recommend the following article, as it helps in understanding the territorial limitations of trademarks and how one`s strategy would vary depending on the markets of interests and one`s means.
https://igerent.com/registered-trademarks-and-their-territorial-limitations
Also, you may want to check if your trademark is registrable and make sure there aren’t any previously similar and conflicting trademarks for similar products or services. The following article mentions and explains some of the common pitfalls startups stumble upon when branding.
https://igerent.com/tips-avoid-common-mistakes-when-choosing-your-trademark