Building A Foreign TM Portfolio

In the United States, trademark rights arise from use. However, in most foreign countries, you must register your mark to create protectable trademark rights. Registering your marks in foreign countries is expensive, but there may be ways to formulate a strategy to manage expenses.

The following is a short list of things you may consider when deciding in which countries to pursue foreign registration or maintain an existing foreign trademark portfolio:

• In which countries do you currently have operations, or where will you soon be distributing goods or offering services?
• Which countries represent the biggest markets or potential markets for your goods or services?
• Where are your distributors, vendors, or suppliers located? Are you likely to encounter a rogue distributor or vendor, who may use ownership of a registration for your mark as ransom or a bargaining chip in negotiations?