While the United States Patent & Trademark office is experiencing an inordinately long backlog, U.S. companies seeking to protect their marks internationally are feeling the impact of the extended wait time, and particularly when it comes to filing considerations for international applications.
While the Madrid Protocol gives U.S. companies the streamlined option to file a single international trademark application and pay one set of fees to apply for protection in up to 129 countries, it has some drawbacks. International applications under Madrid can be filed at any time, but if they are filed within six months of a U.S. trademark application filing date, they receive a “priority claim” to the earlier U.S. filing date. In other words, they can receive the benefit of the first-filed U.S. application. Read more