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National vs. International Trademark Registration – Which One is Better for My Business And Why?

Trademark registration is an option for all businesses, and you have a choice between doing this at a national or an international level.

So what are the perks of these two approaches and which one is right for your organization and your brand?

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What is a trademark?

In the broadest terms, a trademark is something which is recognizable and identifiable as relating to your business and any of the products and services that it offers customers.

The most common example of a trademark is the name and logo which symbolizes your brand, although it can also apply to words and phrases, such as Nike’s ‘Just Do It’.

The purpose of a trademark is to make your offerings distinguishable from those of your rivals. This not only helps loyal customers pinpoint products and services, but also builds your brand reputation and image with the yet-to-be converted consumers out there.

Benefits of national trademark registration

Before diving into the perks of international trademark registration, we need to look at what is offered on a national level.

National protection

You can register domestically with organizations like the USPTO, and of course this will enable you to officially record your trademark in a searchable database.

If your trademark is accepted, you will then have indelible evidence of your ownership of it. Then, if a third party infringes on your trademark, you can take legal action to prevent your brand from being damaged by any unauthorized activities.

As you might expect, the only thing that nation-specific trademark authorities are able to offer is protection within the jurisdiction for which they are responsible.

Benefits of international trademark registration

In essence, international trademark registration is functionally identical to its national equivalent, but with one main distinction.

Worldwide protection

By registering via an international trademark protection body, such as the WIPO, OAPI and ARIPO, the elements which define your business and brand will be recorded and recognized in all of the regions of the globe that these organizations cover.

With a successful registration under your belt, any misuse or misappropriation of your trademark can be combated as and when it arises.

Which one is better for my business?

The type of trademark registration which is best for your business really depends on your current operational scope as well as your long term ambitions.

If you are primarily targeting customers in your local area or within the borders of the country where your business is headquartered, then seeking national trademark registration could be adequate.

If, on the other hand, you are already operating in overseas territories, or you plan to do so at some point in the near future, then beginning the process of registering your trademarks internationally might make sense.

Even if you are intending to license your products, services and branding to a partner overseas, international trademark registration will come in handy.

Aside from the benefits of protecting your branding from infringement, all types of trademark registration are useful because they can alert you to existing trademarks which your company might inadvertently be infringing upon.

You could even find that while your trademark can be registered nationally, it is not possible to gain international protection because something similar has been done elsewhere in the world already.

In essence, every business stands to benefit from trademark registration, but it pays to do your research and get legal experts on your side to ensure that you can go through the potentially complex application process, whether nationally or internationally, as smoothly as possible on your first attempt.

This article does not necessarily reflect the opinions of the editors or the management of EconoTimes

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