Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Industry & business guides guide
Short answer: A U.S. trademark registration only protects your brand in the United States. To protect it abroad, you either file a single international application under the Madrid Protocol through the USPTO, designating the countries you want, or file directly in each country. Most businesses that sell or manufacture overseas use Madrid because it is simpler to manage.
If your products ship outside the U.S., are made overseas, or are sold on international marketplaces, a Twin Cities trademark attorney can help you decide which countries matter and when to file.
Why doesn’t my U.S. registration protect me abroad?
Trademark rights are territorial. Most countries award rights to whoever files first, not whoever used the name first. That means a distributor, competitor, or opportunist can register your brand in another country and block you from selling there under your own name.
What is the Madrid Protocol?
The Madrid Protocol is an international treaty that lets you file one application, in English, through the USPTO, and designate more than 100 member countries and regions. Each country still examines the application under its own rules, but you manage renewals and ownership changes in one place.
- Requirement: you need a U.S. application or registration as the “basic” filing.
- Dependency: for five years, the international registration depends on your U.S. filing. If the U.S. filing is cancelled or narrowed in that period, the international registration is affected too.
- Scope: the goods and services cannot be broader than in your U.S. filing.
Should I use Madrid or file country by country?
Madrid is usually cheaper and easier for several countries at once. Filing directly in a country can make sense when you need broader goods and services than your U.S. filing allows, when you want to avoid the five-year dependency, or when the country is not a Madrid member. A Minnesota trademark lawyer can compare the cost of both routes for your target markets.
When should I file internationally?
If you file abroad within six months of your U.S. filing date, you can usually claim priority under the Paris Convention, so your foreign filings are treated as if filed on your U.S. date. Waiting longer risks someone else filing first. File early in any country where you manufacture, sell, or plan to expand.
How a Twin Cities trademark lawyer helps with international filings
Working with a Twin Cities trademark attorney means one point of contact for your U.S. and international portfolio: we confirm your U.S. filing can support an international application, help you prioritize countries, and coordinate with local counsel where an office raises objections. Every Twin Cities trademark lawyer at our firm starts with your business plan, not a country list.
Because foreign examiners often raise objections U.S. examiners would not, having a Minnesota trademark lawyer and a Twin Cities trademark attorney coordinate responses keeps your filings consistent across countries.
Frequently asked questions
Does a U.S. trademark protect me in other countries?
No. Trademark rights are territorial. A U.S. registration protects your brand in the United States only, so you need separate protection in each foreign country where you do business.
Do I need a Twin Cities trademark lawyer to file a Madrid application?
It is not required, but a Minnesota trademark lawyer can confirm your U.S. filing supports the international application and help you avoid scope problems that are hard to fix later.
How long do I have to claim priority from my U.S. trademark filing?
Generally six months from your U.S. filing date under the Paris Convention.
What is the five-year dependency rule?
For five years, a Madrid international registration depends on the U.S. application or registration it is based on. If the U.S. filing is cancelled or narrowed during that time, the international registration is affected.
Selling or manufacturing abroad? Talk to a Twin Cities trademark lawyer before a foreign distributor files first. As a Minnesota trademark lawyer team with flat, published fees, Twin Cities Trademarks makes international filing decisions straightforward — book a free consultation with a Twin Cities trademark attorney today.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.