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Trademark for Other Countries for my App?

Discussion in 'Intellectual Property Law Forum' started by S.F, 27 February 2015.

  1. S.F

    S.F Member

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    Hi, I have registered a business in Australia for an app I am developing. I am using that name on social media; facebook, instagram, twitter and pinterest. I didn't trademark the name and searches reveal it is trademarked in Australia and a similar name trademarked in the USA. All in a similar genre.
    In light of this I am now looking to change the name to something different.
    How do I approach international markets? Do I need to trademark in major each country/zone that the app is likely to be purchased.
    Can I get a trademark that covers most countries?
    How do trademarks work with social media?

    Many thanks
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi S.F,

    This article "How to Protect Your Trademark Internationally" seems to answer your question.

    Basically, you need to register in your home country and any country you do business in, or you believe are strategic markets for your business. How to register a trademark, and what qualifications/tests are necessary, depends on the laws of that country. To do this, it is best to go through either a domestic lawyer in that country or a foreign lawyer in Australia with a practising certificate in that country.

    There are some quick methods that the article mentions:
    • Applying for a Community Trademark will protect it across the EU
    • Applying for an International Registration under the Madrid Protocol will (generally) protect it in the 86 countries that have signed up to that protocol
    There are no special trademark rules/forum for social media. It is like a market place just like any other.
     
    DennisD, S.F and Tim W like this.
  3. S.F

    S.F Member

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    Thanks you Sarah. J, great answer.
     

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