Trademark filing seems simple on the surface, and indeed for a brand that will never expand outside its own country’s borders, it can be very simple. However, for any brand that dreams of future international growth, the first trademark registration becomes the basis for all future international registrations and can determine the strength of your brand worldwide.
From the first filing, which should be in your home country, all future trademark registrations must consistently maintain the salient details of the originally registered trademark.
There are only a few key elements to trademark registration in most countries around the world:
- The Owner
- The Product
- The Trademark (words only, stylized lettering or a design)
- The Date of First Use (only in some countries)
If Company A registers a trademark in 2006 in Country A, but registers the same trademark in Country B, under Company B, then no World Wide Famous rights have been established because there are two different owners. In most countries, there would be no shared trademark rights, not even if a relationship can be proven to exist between the two companies.
In the above scenario of two different owners for the same trademark in two different countries, a trademark assignment (transfer) of ownership will probably be necessary, which of course increases your trademark’s costs. And while a trademark assignment transfers the rights, that trademark might never have the full strength it would have had if filed consistently from the beginning.
Every brand and every company has unique goals and requires a unique strategy. The above is meant only to be general information and may not apply to your brand needs or to every country.