National Trademarks Abroad

When you want to protect your brand in specific countries, you can register a national trademark. A national trademark is registered with the trademark office of an individual country and gives you protection only within that country’s borders. Here’s an explanation of how national trademarks work in some important jurisdictions, including European countries, Switzerland, China, Japan, and the United States.

1. National Trademarks in European Countries

Each European country has its own trademark office for registering national trademarks. This is separate from the EU Trademark (EUTM), which protects your trademark across all EU member states.

Key Features:

• Local Protection: A national trademark protects your brand only in the country where it is registered.
• Language: Applications are typically submitted in the country’s official language(s).
• Registration Process:
• File an application with the national trademark office.
• The office examines the application to ensure it complies with local laws.
• If approved, the trademark is published, and third parties may oppose it.
• Duration: Most national trademarks are valid for 10 years and can be renewed indefinitely.

Examples:

• Germany (DPMA):
  Managed by the German Patent and Trademark Office (DPMA), a German trademark protects you throughout Germany. Fees start at €290 for one class.
• France (INPI):
  Filed with the National Institute of Industrial Property (INPI), French trademarks are widely used by local businesses and global brands targeting France.
• Italy (UIBM):
  Italian trademarks are registered through the Italian Patent and Trademark Office (UIBM). Italy is a major market for trademarks in fashion, design, and luxury goods.

2. National Trademarks in Switzerland

Switzerland is not part of the European Union, so an EU Trademark (EUTM) does not apply there. To protect your trademark in Switzerland, you must file with the Swiss Federal Institute of Intellectual Property (IPI).

Key Features:

• Language: Applications can be submitted in German, French, or Italian.
• Examination: The Swiss office checks for distinctiveness but does not examine for conflicts with existing trademarks. You must conduct a search yourself or hire a trademark lawyer.
• Opposition Period: After publication, third parties have three months to oppose your application.
• Fees: Filing fees start at CHF 550 for three classes, with additional fees for extra classes.

3. National Trademarks in China

China operates under a first-to-file system, meaning the first person to file a trademark application has the rights, even if someone else used the trademark earlier. This makes it critical to register your trademark in China as soon as possible.

Key Features:

• Authority: Trademarks are registered with the China National Intellectual Property Administration (CNIPA).
• Language: Applications must be submitted in Chinese.
• Examination:
• The office checks for distinctiveness and conflicts with existing trademarks.
• The process can take 12–18 months.
• Opposition: After publication, third parties can oppose the application within three months.
• Duration: Trademarks are valid for 10 years and renewable indefinitely.
• Tips for Foreign Businesses:
• Register both the English name and the Chinese translation or transliteration of your brand.
• Act quickly to avoid "trademark squatting," where others register your brand before you do.

4. National Trademarks in Japan

Japan combines a thorough examination process with a fair system for resolving disputes. Trademarks are registered with the Japan Patent Office (JPO).

Key Features:

• Language: Applications must be submitted in Japanese.
• Examination:
• The JPO examines applications for distinctiveness and conflicts.
• This process takes approximately 6–12 months.
• Opposition:
• After registration, third parties have two months to file an opposition.
• Special Characteristics:
• Japan allows protection for non-traditional marks like sounds and colors.
• "Defensive trademarks" can be registered to prevent use in unrelated fields.
• Fees:
• Filing fees are around Â¥12,000 for one class, plus Â¥8,600 per additional class.
• Maintenance fees are required every 10 years.

5. National Trademarks in the United States

The United States operates under a first-to-use system, meaning rights are often based on the first use of the trademark in commerce. However, registration with the United States Patent and Trademark Office (USPTO) offers significant advantages.

Key Features:

• Authority: Trademarks are registered with the USPTO.
• Application Types:
• Use-Based Applications: Filed by businesses already using the trademark in the U.S.
• Intent-to-Use Applications: Filed by businesses planning to use the trademark soon.
• Examination:
• The USPTO reviews applications for distinctiveness and conflicts with existing marks.
• The process takes 6–12 months.
• Opposition:
• After publication, third parties have 30 days to oppose the application.
• Use Requirement:
• Trademarks must be actively used in commerce to maintain rights.
• Owners must file a Declaration of Use between the 5th and 6th years of registration and renew every 10 years.
• Fees:
• Filing fees start at $250–$350 per class.

Comparison of National Trademark Systems

When to Register National Trademarks

• Germany, Switzerland, or Other European Countries: If your business operates mainly in a specific country and you don’t need EU-wide protection.
• China: If you manufacture, sell, or plan to expand into China, register early to prevent others from taking your brand.
• Japan: Ideal for companies targeting Japan’s large, advanced consumer market.
• USA: Essential for businesses entering the U.S. market, given the strong enforcement and commercial importance of trademarks there.

Conclusion

National trademark registrations provide tailored protection in specific countries, ensuring that your brand is legally protected where it operates. Each country has its own process, rules, and requirements, so it’s important to work with trademark experts familiar with the target market to navigate the system effectively. Whether you're expanding into Europe, China, Japan, or the U.S., securing national trademarks is a key step in protecting your business and brand identity globally.