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International trademark applications: Procedure
International trademark applications require a national base trademark, such as a German trademark. An EU trademark can also be the basis for an international trademark application at the World Intellectual Property Organization (WIPO). It is sufficient if the base trademark is merely applied for. Already then, an international trademark application procedure with WIPO can be started. However, the international trademark application will lapse (in whole or in part) if the base trademark is ultimately not registered (in whole or in part). Therefore, in your case, it may be advisable to wait for the registration of your national base trademark first.
An international trademark does not protect the owner worldwide. Rather, the international trademark only provides protection in the countries that were selected when the international trademark application was filed. The number of selected countries in which trademark protection is sought determines in particular what amount of fees must be paid for the international trademark application. In this respect, we will be happy to provide you with a fee estimate in advance.
In order for an international trademark to be filed effectively, several WIPO forms must be filled out correctly. The entire international application procedure then takes place in English. It is then mandatory to file the international trademark application documents with the trademark office where the base trademark has been applied for or registered. This trademark office then forwards the international trademark application documents to WIPO.
ZELLER & SEYFERT are the registered legal representatives of countless international trademarks
We have been filing countless international trademarks for our clients in English language every year for many years. All international trademark applications are handled and executed by one of our licensed attorneys. This ensures that the international trademark application procedure is carried out quickly and without errors. The involvement of a licensed attorney is necessary because the international trademark application procedure is relatively complex. In this respect, we also check whether your international trademark is protectable. Your trademark may not be registrable, for example, if it is too descriptive or not distinctive enough. If the international trademark shall also be protected in the USA, further special requirements must be observed.
Our guarantee: We will file your international trademark application within 24 hours after we have received the fees for the international trademark application
We want to avoid delays in the filing of your international trademark in any case. Therefore, we explicitly guarantee our clients that we will always file international trademark applications within 24 hours with the trademark office of the base trademark after we have received the application fees in our bank account. The international trademark application will be filed by a licensed attorney who will also file it electronically in person. This guarantees an error-free and expeditious trademark application in accordance with the standards of WIPO as well as the Trademark Office of the base trademark.
International trademark applications to which individual national trademark offices do not want to grant protection
After WIPO has received the documents of the international trademark application from the trademark office of the base trademark, WIPO contacts the trademark offices of the countries in which the international trademark applicant wants to have trademark protection with his trademark. Each national trademark office then checks individually whether the international trademark is protectable in its country. It may then be that individual national trademark offices do not wish to grant national trademark protection to the trademark. In such cases, however, the trademark applicant has the opportunity to file an appeal in the country concerned that does not want to grant trademark protection, so that trademark protection can still be granted in that country. In Germany and the European Union (EU), we can file these appeals on your behalf. In all other countries, we have been cooperating for years with attorneys-at-law who can then act for you locally in the country concerned.
