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Trademark Registration

How do you protect a brand outside your home market?

Trademark rights are territorial - a Canadian registration gives you nothing in the United States, the EU or China. Most of the world also operates first-to-file rather than first-to-use, which means someone can lawfully register your brand in a market you have not filed in and then block you from entering it. That is the scenario worth filing to prevent, and it is common enough to plan around.

What to do next

  1. Decide where you actually need protection

    Where you sell now, where you plan to sell within a few years, where your goods are manufactured, and where counterfeiting is a known risk. Manufacturing countries matter even if you never sell there - registration is often what lets customs stop export of infringing goods.

  2. Choose between the Madrid System and national filings

    The Madrid Protocol allows a single application designating many countries, administered centrally, and is usually cheaper for several markets. National filings are sometimes necessary where a country is not a member or where local practice makes a direct filing stronger.

  3. Understand central attack

    A Madrid registration depends on the home application for its first five years. If the home mark is refused or cancelled in that period, every designation falls with it. Where the home application is vulnerable, direct national filings can be the safer route.

  4. Search before filing, in each market

    Clearance is national. A mark that is free in Canada may conflict with an existing registration elsewhere, and some jurisdictions refuse marks that are descriptive or misdescriptive in the local language.

  5. Plan for use requirements and renewals

    Many countries require genuine use within a defined period or the registration becomes vulnerable to cancellation. Renewal dates differ by country - a central docket avoids losing a registration to an administrative miss.

Frequently asked questions

Does my Canadian trademark protect me abroad?

No. Trademark rights are territorial and require registration in each country where you want protection.

What is the Madrid System?

An international filing mechanism allowing one application to designate multiple member countries, administered centrally. Usually cheaper than separate national filings for several markets.

What is central attack?

For the first five years a Madrid registration depends on the home application. If that fails, all designations fall - which is why a vulnerable home mark argues for direct filings.

Someone registered my brand in another country.

In first-to-file countries this is lawful and common. Some jurisdictions allow challenge for bad faith or where an agent or distributor filed. Local counsel is required, and prevention is far cheaper.

Do I have to use the mark in every country?

Many countries require genuine use within a defined period or the registration becomes vulnerable to non-use cancellation.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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Mumbai, Maharashtra
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Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear trademark registration matters.

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Where this is decided

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