FREQUENTLY ASKED QUESTIONS Where Should I Register My Trademarks? (Deciding on Jurisdictions in Which to File Trademarks)

Do you have a trademark to file, but are not sure where you should file it? Trademark Factory can help you make your decision.

Watch this helpful video to learn more!


Where Should I Register My Trademark?

So you’re trying to decide where to register your trademark. Before I answer that question, I want to make sure that you understand one simple thing: brands are written on a per-country basis, so your U.S. trademark doesn't protect you in China, your Chinese trademark doesn't protect you in Canada, your Canadian brand doesn't protect you in France, and so on.

Each country is governed by its trademark laws. You can lose out on your market even if you have a successful business without a trademark. Most countries have minimal protection, or no protection at all, for unregistered trademarks. However, there is protection for registered trademarks. 

How to Register a Trademark: Where is Your Market?

Because your trademark is restricted to a location, it is essential to look at where your market is. So, the simple answer to deciding where to register your brands is to look at where your customers come from. It doesn't matter where you are based. For example, if you are a Chinese company but most of your business comes from the U.S., you need a U.S. trademark.

On the other hand, if you are a U.S. company, but most of your business comes from the European Union, you want a European Union trademark. So, don't look at where you are; look at where your market is, and decide based on whether you have enough business coming from that region or that country, and then you go on to register your trademarks there.

I want to warn you. Your business grows so fast that you may have markets you didn't know would be essential for you. If this happens, it means your market is growing. That’s good news, but it can be a headache if you’re not paying attention.

Be Proactive With Your Trademarks

So the classic example is when Starbucks decided to come to Russia only to find out that somebody had already trademarked their brand. So not only could they not trademark their brand, they couldn't even come to Russia because the brand was already taken.

So, it took them several years, years, and a lot of money, to get their trademark back. So, if you ever wonder, “should I register my trademark,” this is an excellent example of why you should. 

You don't want to be in that situation. It’s expensive, time-consuming, and frustrating. Even Starbucks had to fight an uphill battle to regain its trademark. When deciding where to register a brand, you don’t need to stop at one place. You can file for a trademark anywhere.

You want to ensure that you're the first person to realize the value of your brand for any particular region. So if your business is growing, first find out how to register a trademark. Then make sure you register your trademarks everywhere where you have enough business or you think you can have enough business in the foreseeable future.

If you have a brand you’d like to register a trademark for, you’ve come to the right place. Trademark Factory helps people like you receive registered trademarks every day. Contact us to get in touch with one of our trademark experts today.


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.