Protect Your Brand By Developing A Trademark Strategy For International Trade

SBA

“Trademarks are among the most affordable intellectual property (IP) rights available and provide a means to identify and build trust in your brand through logos, names and symbols, including online.”

_______________________________________________________________________________

“SBA’s Office of International Trade encourages small businesses to consider the followingFive steps to developing a trademark strategy as part of their export plans:

1. Register in the U.S. and key markets early: The U.S. Patent and Trademark Office (USPTO) assists small businesses to file both in the U.S. and in most foreign markets in a single international application through the treaty commonly known as the Madrid Protocol. Filing highly distinctive trademarks in U.S. and foreign markets at the same time can pre-empt bad actors looking to file first in other markets. You may be eligible to seek reimbursement assistance under SBA’s STEP Program towards USPTO Madrid Protocol Fees related to USPTO services for foreign trademark applications. SBA Export Finance Managers can also advise on how to build foreign IP-related costs into SBA’s export financing products.

2. Protect your trademark at the border: Right holders are encouraged to record U.S. trademarks with U.S. Customs and Border Protection (CBP), educate CBP, and report suspected violations through e-Allegations. Check with U.S. Intellectual Property Attachés to see whether your foreign markets offer services to protect rights holders at their borders.

3. Inventory and monitor your portfolio: Monitor U.S. and foreign markets to see if anyone else is using your registered trademarks. Develop a system to review potential offending applications filed with USPTO and with foreign trademark offices or administrations where you have filed for rights.

4. Take action against IP infringement or bad-faith trademark filings: If an application is filed with the USPTO that you believe conflicts with your prior U.S. registration, be sure to file formal letters with relevant evidence in a timely manner. Additionally, applications that are approved by the USPTO are still subject to opposition by parties who may be damaged by a bad-faith trademark filing. Registered marks may also be the subject of cancellation proceedings. Oppositions and cancellations in the U.S. are handled by the Trademark Trial and Appeal Board.

5. Get educated: Be on alert for scams and explore country-specific fact sheets at StopFakes.gov.

To learn more about intellectual property considerations in international trade, visit SBA’s Office of International Trade website under the Trade Tools: Protect your intellectual property internationally; or contact the International Trade Hotline: international@sba.gov or 855-722-4877.”