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

Should you trademark your brand in Canada? Should you trademark your brand in the United States? Maybe European Union? Maybe China and India?

Watch this video and find out how to decide in which jurisdictions you should be registering your trademarks.

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TRANSCRIPT

Before I answer that question, I want to make sure that you understand one simple thing: trademarks are registered on the 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 trademark doesn't protect you in France, and so on and so forth.

So, the simple answer how to decide where to register your trademarks is to look at where your customers come from. It doesn't really matter where you are based out of. If your are a Chinese company but most of your business comes from the U.S., you need a U.S. trademark. 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 that country and then you go on register your trademarks where.

But, I wanna warn you. Sometimes, your business grows so fast that you may have markets that you didn't know would be important for you and you didn't made of trademark there.

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 couldn't they trademark their brand, they couldn't even come to Russia because the brand was already taken. So, it took them several years, many years and a lot of money, to get their trademark back.

You don't want to be in that situation. You want to make sure that you're the first person to realize the value of your brand for any particular region, so if your business is growing, make sure you register your trademarks everywhere where you have enough business, or you think you can have enough business in the foreseeable future.


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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.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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