If you are thinking about protecting your trademark in many foreign countries, then you may consider filing an international trademark registration via the Madrid System.
The Madrid System allows trademark owners in member countries to register their trademarks in multiple countries by filing a single application with its national trademark office.
An international application has to be filed with the International Bureau through the Office of origin. It is necessary to have an application or a registration of the same trademark in the Office of origin. The fees for international trademark registration depend on the contracting parties designated; the number of classes of goods and services; and whether the mark is produced in black and white or colors.
What are the advantages of filing an international registration compared to national registration?
Simplified filing system: Through Madrid System, trademark registration can be simpler and cheaper than filing a separate national application in each country. It would be easier to manage the trademark renewal and modify or designate additional countries through one centralized system.
Cost-effective : The cost for filing various national trademarks may be higher as compared to an international registration where one application may designate multiple countries with one set of fees.
Nonetheless, there are some drawbacks of an International Registration, and applicants should be carefully considered before filing an international registration.
For the first 5 years from the date of its registration, an international registration remains dependent on the basic national trademark on which it is based. This means if the basic mark is withdrawn, canceled, or invalidated, the International Registration will be canceled automatically, and will no longer be protected. If any 3rd party wishes to object to your international trademarks, they can oppose or invalidate your basic national trademark. This is called a central attack.
So, depending on which and how many countries you wish to protect your trademark, if you only designate one or two countries, it may be cheaper and easier to file national trademark applications.