Global Perspective On Filing Trademark Registrations

In the United States, trademark rights are created through use of a mark and perfected by obtaining a federal registration with the U.S. Patent and Trademark Office (USPTO). The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border. In order to be protected outside of the United States, trademark rights must be obtained separately across territories. Further, eligibility for trademark registration as well as the standard for trademark infringement differs in every country. Accordingly, entertainment companies that have potential for growth outside of the U.S. need to proactively plan for and obtain trademark protection in foreign territories. Below we discuss important differences that brand owners and their counsel should consider when seeking trademark protection domestically and abroad, filing timelines to be aware of, and provide key takeaways and pitfalls to avoid.