Why You Should Not Apply for an International Trademark Without Basic Mark Registration
Nowadays global marketplace, businesses often seek to protect their brand identity across multiple countries. One of the most effective ways to achieve this is through international trademark registration. However, before applying for an international trademark under the Madrid System, it is key to first register the mark in your home country. This initial registration, known as a "basic mark," serves as the foundation for international protection.
Skipping basic mark registration and applying directly for international protection can lead to serious legal and financial risks.
Understanding the Madrid System
The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows businesses to file a single application to seek trademark protection in multiple member countries. Instead of submitting separate applications in each country, applicants can designate multiple jurisdictions under one centralized system. However, a fundamental requirement of the Madrid System is that applicants must already have a registered or pending trademark application in their home country.
This home-country registration is referred to as the "basic mark," and it serves as the foundation for the international application. If the basic mark is rejected, canceled, or invalidated within the first five years, the international registration will also be affected.
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That’s a crucial point about securing a basic mark before applying for international trademark protection. Without it, businesses risk losing their international registration if the home-country mark faces any issues. It’s also wise to stay informed about legal updates and ongoing cases — checking resources like can offer valuable insights. Proper preparation ensures a strong foundation for global brand protection!