How to File a Worldwide Trademark Application?

A trademark provides protection only in the country where the application is filed, in accordance with the principle of territoriality. The protection of a trademark registered in Turkey is valid only within the borders of Turkey. It is crucial for companies exporting or entering foreign markets to protect their trademarks in those relevant countries. Common situations include the malicious registration of a trademark by a distributor in the target export country, the imitation of a well-known trademark within the industry by competitors, or the unauthorized registration of the trademark.

The main advantages of registering a trademark aborad are preventing counterfeiting of the trademark, ensuring the seizure of counterfeit products, and eliminating unfair attempts to infringe on the trademark. Trademark registration abroad can be done through national (domestic) and international methods. The methods of trademark application abroad can be listed as follows:

  • International trademark registration
  • Community trademark registration
  • National trademark registration
  • Regional trademark registration

International applications are carried out through the Madrid Protocol of the World Intellectual Property Organization (WIPO). Over 100 countries are members of this system. The biggest advantage is that it allows applications to multiple countries with a single application in one language, providing a cost-effective solution.

Applications to the European Union Intellectual Property Office (EUIPO) for a community trademark provide protection in 27 countries with a single application. In regional trademark applications, systems are established where multiple countries come together to provide protection only for those member countries. Examples include Benelux (Belgium, the Netherlands, Luxembourg) and the African Intellectual Property Organization (OAPI).

National applications are made directly to the relevant office of the country where protection is sought. Although this application is mandatory for countries that are not members of the Madrid Protocol, it can also be preferred in some cases for countries that are members of the protocol but have advantages in their national procedures.