Trademark Advisory: International Trademark Protection: Why Don’t My U.S. Rights Protect Me Elsewhere?
11/2/2010
By Joseph M. DiCioccio and Susan Neuberger Weller
Trademark protection in one country does not provide any protection in other countries. For example, a United States trademark registration is only effective in the United States and will not offer any protection against infringing uses in the European Union. To be protected in the EU, a trademark owner must obtain a separate registration for that jurisdiction. Thus, in our increasingly globalized society, trademark owners must ensure that the goodwill represented by their trademarks is protected in those countries deemed significant enough to warrant protection. This is because of the inherently territorial nature of trademark protection. Generally, a trademark registration is only valid in the territory controlled by the issuing entity. This article provides a brief analysis of the available options for international trademark protection and some of the benefits of each approach.
