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It depends on the nature of your business. International trademark law is very complicated because countries legislate their procedures and economic alliances like the European Union draft geographically encompassing policy. Property rights and trademarks are on based fundamentally on the current laws in your country.

Economic alliances and international conventions often overlap your jurisdictional rulings. Policies and regulations about trademarks in, for example, the European Union apply to all the member states. National or domestic laws thus apply to separate countries but are also influenced by geographical, political, and economic factors. The Republic of Ireland, for example, has laws and practices that mirror the United Kingdom. Similarly, the United States, Canada, and other countries recognize service marks.

You need to review the laws and treaties that pertain to trademarks and other intellectual property rights in your country before you consider other countries in which you do business. We recommend you seek legal counsel when applying for a trademark especially if you have international commercial interests.

Trademarks are a sign of ownership. In other articles, we have explained why a unique mark is critical in a globalized economy. A registered trademark gives you exclusive property rights in compliance with the laws that govern your country or authority where you promote your goods and services. Your mark is registrable if it has a unique and distinctive appearance that is distinguishable from other trademarks. The graphic representation you use to mark your goods and services is also your property.  Register this trademark with the governing body that oversees your business activity to declare your exclusive right of ownership in a formal manner.

You benefit from registering a trademark by securing two fundamental rights:

• the right to use the mark in transacting business and
• the right to register/protect that mark.

Depending on your country's laws regarding commerce and property, trademark rights are proven by actively using the trademark in business.  Registering your trademark and using it in commerce within a certain amount of time after formally submitting your application is important. Even though common laws regarding intellectual property differ among countries and administering jurisdictions, we recommend clients register their mark in anticipation of disputes that often arise over claims of ownership especially in foreign markets.

Did you realize that domestic trademark protection helps property owners obtain new registration and trademark protection in territories outside your country? An international trademark is the best way to limit the risk of brand piracy in foreign lands and the importation of illicit goods into your country of origin. Registered trademarks provide owners with leverage to pursue legal action against counterfeiters or infringers who commit brand piracy in both domestic and foreign markets.

You can use your trademark at any time whether or not it has been officially registered.  We recommend filing your application to register your trademark as soon as possible as many Trademark Offices review the legal claims made by companies on a first filed and first used basis.

Take note that if you are conducting business without a registered trademark, you forfeit the advantages and protections afforded by owning a registered trademark.  You may be conducting business using the same unregistered trademark as another entity and therefore risk having to protect your right to use the mark in a court of law should the other company try to keep you from using the trademark.  Once you file your registration, you do get the benefit of the right to use and the right to conduct business in your Class using the trademark.

We recommend that you file to register your trademark when you plan on using the trademark or are already using the trademark.  Some countries request whether the trademark has already been used at the time of filing.  Many countries will not allow the trademark to become registered until the trademark is used (usually in these cases extensions of time may be requested) and other countries require a statement of use to be submitted several years after the registration has been granted.  

Intellectual property law is limited to the country in which you registered your trademark as no country has jurisdiction over another.  If you are operating an enterprise that transacts business online or exports to other countries and territories, you may be putting your trademark, business name, and brand at risk by not registering a priority claim trademark in those territories.  Without registration in those territories, your trademark is not protected and can be used by other entities.

There are three regional organizations that do allow trademark registration that is effective in multiple countries: The European Union (EUIPO), African Regional Intellectual Property Organization (ARIPO), and the Organization Africaine de la Propriete Intellectuelle (OAPI).