International Trademark Lawyer

Yes. Trademark rights are territorial, meaning a registration in one country does not protect you in another. The US and Canada are separate systems, Europe requires EU-wide or national filings, and most other countries require their own filings. The Madrid System, administered by WIPO, allows you to file a single international application that designates multiple member countries, which is more efficient than filing separately in each market. Strategic prioritization based on where you sell and where counterfeiting risk is highest is more practical than trying to cover every country at once.

Yes. I hold bar memberships in California, Ontario, and Quebec, which means I am licensed to practise trademark law in both countries. I file directly with the USPTO in the United States and the CIPO in Canada, without referring either filing to a separate firm. Most trademark practitioners are licensed in one country. For brands that operate across the border, having one attorney who understands both systems produces a more consistent strategy and eliminates the coordination gap between two firms handling different parts of the same brand.

The Madrid Protocol is an international treaty administered by WIPO that allows trademark owners to file a single international application designating multiple member countries. The application must be based on a home-country registration or pending application. Coverage is not automatic: each designated country's trademark office examines the application under its own standards and can refuse it. Madrid is cost-effective when you need coverage in multiple countries simultaneously. For one or two additional countries, direct national filing is sometimes simpler and comparably priced.

Domestic US trademark registration (USPTO fees plus attorney fees) typically costs $1,000 to $2,500 for a single-class application. Canadian CIPO registration adds comparable costs. Madrid Protocol filings involve a base fee plus per-country designation fees and per-class fees that vary by country; a basic Madrid filing covering five to six countries can cost $3,000 to $8,000 plus attorney fees depending on the countries designated and the number of classes. I quote a flat fee before any work begins.

In most first-to-file countries, the party that filed first has priority, regardless of who used the name first. If a squatter registered your name in bad faith, you may be able to challenge the registration through the country's cancellation process or through a WIPO domain dispute proceeding if a domain name is involved. The success of a challenge depends on local law, the evidence of bad faith, and how the country's trademark system treats well-known foreign marks. In some cases, entering the market under a different name or acquired form of the mark is the most practical solution.

The European Union Intellectual Property Office (EUIPO) administers the EU trademark (EUTM), a single registration that covers all 27 EU member states. You can file directly with the EUIPO or designate the EU through a Madrid Protocol filing. For European countries not covered by the EU trademark (Norway, Switzerland, UK post-Brexit), separate filings are required. UK trademark filings are handled through the UK Intellectual Property Office. I advise on EU and UK strategy as part of a broader international trademark plan.

In a first-to-file system, priority belongs to the party that registers the mark first, regardless of who used it first in commerce. The US allows rights to be established through use alone. Canada is more registration-focused. Most of Europe and much of Asia operate first-to-file systems. In those markets, someone can register your brand name before you enter the country and block your access to the market or demand a transfer payment. Filing in your key markets early, before you launch publicly in those markets, is the most effective protection in first-to-file jurisdictions.

No. A USPTO registration is limited in scope to the United States. A Canadian registration issued by the CIPO is required to claim registered trademark rights in Canada. That said, if you can show that your US mark has become well-known in Canada through cross-border advertising, spillover reputation, or Canadian consumer recognition, Canadian law may provide some protection against confusing adoption of your mark by a Canadian party. This protection is more limited and harder to enforce than a direct registration.

The USPTO (United States Patent and Trademark Office) administers trademark registrations in the United States. The CIPO (Canadian Intellectual Property Office) administers trademark registrations in Canada. Both require separate applications with separate fees, class selections, examination processes, and filing timelines. The US system allows filing based on actual use or intent to use. The Canadian system places heavier weight on registration following 2019 amendments. The two systems are not interchangeable and do not recognize each other's registrations.

The timeline varies by country. US USPTO registration takes 8 to 14 months for a straightforward application. Canadian CIPO registration currently takes 18 to 24 months. EU trademark registration through EUIPO takes 4 to 6 months if there are no oppositions. Madrid Protocol designations pass through each country's national office, so the overall timeline reflects the slowest country in the list. Some jurisdictions can take 2 to 4 years. I provide timeline estimates for each target market before filing.