Is a federal registration valid outside the United States?
Presently, no. However, any trademark owner with an application filed in or a registration issued by the USPTO and who is a national of, has a domicile in, or has a real and effective industrial or commercial establishment in the United States can submit an international application through the USPTO to extend protection of their intellectual property with approximately 71 member nations of the Madrid protocol which include Australia, China, the Democratic People’s Republic of Korea, France, Germany, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom.
No. Certain countries, however, do recognize a United States registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. Keep in mind that the Internet is changing international trademark boundaries. By adding your trademarks, you are being proactive in minimizing the potential cost of international litigation. What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration.
