Trademarks: Registration, Infringement, and Enforcement
Ensure your trademarks are protected and enforced worldwide with expert legal support, covering registration, compliance, and defence against infringement.
What are Trademarks: Registration, Infringement, and Enforcement
A trademark is a unique symbol, name, or design that distinguishes your business from others and represents your brand’s value.
Trademarks protect your brand’s identity, including logos and names, ensuring they stand out and build trust. Since trademarks are territorial, registering them in every country where your business operates is essential to prevent legal risks.
Unauthorized use and trademark squatting can harm your brand. Proactive registration, monitoring, and enforcement safeguard your rights and maintain your reputation globally.
Jurisdiction-by-jurisdiction details and importance
Trademark rights are territorial, meaning protection is only granted in the countries where you register. Without registration in each jurisdiction where your business operates, your brand is vulnerable to misuse, imitation, and legal disputes. Registering your trademark in every relevant market ensures your rights are enforceable, protects your reputation, and prevents costly conflicts, allowing your business to expand with confidence.
Common challenges and protection strategies
Trademark squatting occurs when someone registers your trademark in bad faith, intending to profit from your brand’s success. Infringement, on the other hand, involves unauthorized use of your trademark, leading to consumer confusion and potential harm to your reputation.
To protect against these risks, businesses should prioritize registering trademarks in key markets early, monitor for unauthorized use, and take swift legal action when necessary. Maintaining strong legal protections ensures your brand’s integrity and prevents misuse.
Common Scenarios
Export and International Sales
Sale and export of goods and products to foreign markets, including direct sales and sales through distributors.
eCommerce
Online sales or purchases across borders on eCommerce platforms or your own online shops.
Foreign Direct Investment
Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.
Cross-border Services
Provision of professional or business services to foreign clients without establishing a physical presence.
Explore Legal Solutions by Country
Taiwan
- Taiwan uses a first-to-file system for trademark registration.
- Trademark protection is valid for 10 years and renewable indefinitely.
- Legal actions can be taken against unauthorized use and infringement.
Philippines
- The Philippines follows a first-to-file system for trademark protection.
- Trademark registration is valid for 10 years and can be renewed.
- Registration offers enhanced protection against misuse.
Canada
- Canada uses a first-to-use principle but encourages registration for stronger protection.
- Trademark registration is valid for 10 years and renewable indefinitely.
- Registration offers nationwide protection and stronger legal standing.
Hong Kong
- Trademark registration in Hong Kong provides territorial protection, separate from mainland China.
- The system follows the first-to-use principle, but registration offers stronger legal standing.
- Hong Kong is gearing up to implement the MadridProtocol, allowing international trademark registration extensions.
Brazil
- Brazil follows a first-to-file principle for trademark protection.
- Registration provides protection for 10 years and can be renewed.
- Legal frameworks support strong enforcement against infringement.
India
- India follows a first-to-use principle for trademark protection.
- Trademark registration is valid for 10 years and can be renewed indefinitely.
- Registration provides stronger legal recourse against infringement.
Vietnam
- Vietnam adopts a first-to-file system for trademark registration.
- Trademark protection is granted for 10 years and can be renewed.
- Effective enforcement mechanisms are in place for trademark protection.
China
- China adopts a first-to-file trademark protection system.
- Trademark registration is crucial to prevent squatting.
- Strict enforcement of trademark rights is essential.
U.S
- The U.S. follows a first-to-use principle for trademark protection.
- Trademark registration provides protection for 10 years and can be renewed.
- The USPTO offers nationwide protection for registered trademarks.
Indonesia
- Indonesia follows a first-to-file system for trademark registration.
- Trademark protection is valid for 10 years and can be renewed.
- Enforcement includes administrative, civil, and criminal actions against infringement.
Malaysia
- Malaysia adopts a first-to-use principle, but registration strengthens legal protection.
- Trademarks are protected under national laws with international recognition.
- Trademark registration is valid for 10 years and renewable indefinitely.
Thailand
- Thailand follows a first-to-file principle for trademark protection.
- Registration is valid for 10 years and can be renewed indefinitely.
- Enforced protection ensures your trademark's integrity in the market.
Protecting Your Trademark Where Your Business Goes
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