Is There Such a Thing as a Global Trademark?

If you’re expanding your business internationally, protecting your brand is likely top of mind. A common question I hear from clients is: “Can I get a global trademark?”

The short answer: No, there is no single trademark registration that automatically covers the entire world.

Why Not?

Trademark rights are territorial, meaning they are only protected in the countries or jurisdictions where they are registered. So, registering your trademark in the United States won’t give you legal protection in, say, Germany or Japan.

But don’t worry—there is a streamlined way to seek international protection.

Enter the Madrid Protocol

The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO). It allows trademark owners in member countries to seek protection in multiple other member countries with a single application.

Currently, the Madrid Union has 114 members representing 130 countries—covering over 80% of global trade.

• To qualify, the applicant must either:
• Have a real and effective commercial or industrial establishment in a member country,
• Be domiciled in a member country, or
• Be a national of a member country.

Key Benefits of the Madrid System

1.     Cost-Effective

File one application through a centralized system instead of hiring local attorneys in each country.

2.     Simplified Process

No need to notarize or legalize documents, and most renewals and ownership updates are managed centrally.

3.     Time-Saving

International registration is generally processed within three months, after which each designated country has up to 12 months to approve or refuse protection.

4.     Efficient Management

Renewals, changes in ownership, and updates can be handled through a single, centralized system.

But There Are Drawbacks

1.     Dependency on Your Base Filing

If your original U.S. application is refused, your Madrid application fails too.

2.     Doctrine of Central Attack

For the first five years, your international registration depends entirely on your U.S. application. If it’s canceled or invalidated, the entire international registration could be lost. After five years, however, the registration becomes independent.

3.     Limited Coverage in Latin America

Many Latin American countries—including Peru and Argentina—are not members of the Madrid Protocol. You’ll need to file separate national applications in these jurisdictions.

Final Thoughts

While there’s no true “global trademark,” the Madrid Protocol offers a practical route to protecting your brand in numerous countries—without the administrative nightmare.

I’ve helped countless small and medium-sized businesses expand their brand protection abroad, and I’d be happy to help you do the same—before a competitor beats you to it.

Stay informed with the latest legal developments at Global Law Experts