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Similar to Intellectual Property rights, all jurisdictions have different regulations on the right to trademark registration. In addition, this right is also influenced by mutual agreements concluded between certain jurisdictions at the regional or international level.
Each jurisdiction of the world has its own trademark registration process and procedures, so the registration process will cause some problems for applicants. Therefore, governments of many jurisdictions have come to an agreement on the common trademark registration process to simplify the process.
By registering an international level trademark, your business brand will be protected across more than 106 jurisdictions, along with other benefits comes with the registered trademark:
The Madrid system is an international trademark registration system managed by the International Bureau, a common agreement of more than 106 jurisdictions to facilitate the registration of trademarks in many jurisdictions in the world.
A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.
In the United States, protecting a logo generally involves trademarking rather than copyrighting. Here’s the difference and why trademark is usually the better option for logos:
For logos, trademark protection is more relevant because it specifically protects the usage of the logo as a brand identifier in the marketplace. By registering a trademark for a logo, you ensure that you have legal recourse to prevent other businesses from using logos or similar symbols that could potentially mislead consumers by implying a false association with your brand.
To trademark a logo, you typically need to file an application with the United States Patent and Trademark Office (USPTO), demonstrating that the logo is being used in commerce or you have a bona fide intention to use it in commerce. The process includes a search to make sure your logo does not infringe on existing trademarks, and public notice of your trademark application to allow others the chance to object if they believe your trademark could infringe on their rights.
In the United States, the type of intellectual property that is most appropriate for protecting a company's logo is a trademark. Trademark law is designed to protect symbols, words, and logos that distinguish goods and services from one company from those of another. Here’s how it works for logos:
Trademark protection is the most effective way to safeguard a company logo and ensure it remains a unique identifier for the business.
The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.
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