How can I register my brand name internationally?

WIPO, or the World Intellectual Property Organisation, manages two systems for global intellectual property protection: (i) the Madrid System for trademarks and (ii) the Hague System for designs. Both systems offer a streamlined and cost-effective way to obtain protection in multiple countries with a single application.

Registering your trademark internationally

You can register your trademark internationally in three ways: the Madrid Protocol, separate national applications or regional systems such as the EU trademark. The Madrid Protocol is usually the most efficient: with a single application, you can apply for protection in more than 130 countries, provided you first have a basic registration in your home country; e.g. in the Benelux at the Benelux Office for Intellectual Property (BOIP).

International trademark registration means that your trademark is protected in several countries at the same time, rather than just within one national border. This prevents others from registering or using your trademark abroad and protects your position in new markets. The most important legal basis is the Madrid Protocol, in which countries have agreed on mutual recognition of trademark rights. This saves you time and money.

Timely trademark protection

For companies that want to export or operate internationally online, timely trademark protection is crucial. You want to prevent a third party from already registering your trademark in a target market or trademark pirates from piggybacking on your reputation.

There are three main procedures:

· Madrid Protocol: one central application, one language, one administration for many countries. Disadvantage: your international registration is tied to your basic registration for the first five years.

· National applications: you submit these separately for each country. More expensive and laborious, but with maximum freedom per country and no dependence on a basic registration if it is cancelled.

· Regional systems (such as the EU trademark EUIPO, ARIPO, Benelux, OAPI): one registration for several countries at the same time, particularly interesting if you are targeting a specific region.

Costs and lead time

The costs vary per country and system and are mainly determined by: official fees, the number of countries, the number of classes and any legal support. Translations and the complexity of the trademark (word mark vs. figurative mark, word and figurative mark, shape mark, number of classes, colour protection, possible conflicts) also play a role. As a trademark agent, we can help you make a realistic cost estimate.

The processing time varies per country: via Madrid, countries generally have up to 18 months to decide. The US takes an average of 11–18 months, China 10–12 months and the EU often 4–6 months for a problem-free application. An objection from a (national) trademark office or objections from third parties (called “opposition”) and usage requirements can cause delays.

Pitfalls

Important pitfalls include language and cultural differences, existing rights in “first-to-file” countries and usage obligations (demonstrating usage within a few years). Good preparation, preliminary research and a clear usage strategy for each country are therefore essential.

Professional guidance is especially necessary for complex cases: potential conflicts with older trademarks, applications in multiple jurisdictions simultaneously, and the development of an international trademark portfolio. Registering abroad yourself carries the risk of incorrect classification, missed deadlines, and inadequate protection; you need to familiarise yourself with procedures and deadlines. We help to streamline this and limit risks. Building a trademark portfolio requires strategy and planning. This becomes more important as the trademark portfolio grows.

Would you like to register a trademark yourself? First, check quickly and free of charge whether your trademark name is still available, or register your trademark directly via the online tool.

Questions

Do you have any questions about this article? Our specialised lawyers will be happy to assist you. You can reach us by email, telephone or via the contact form.