Brands in a Borderless Market: International Trademarking

The law moves a lot more slowly than technology. So, it’s always challenged by new developments in society. Nowhere is this more evident than on the Internet.

One example of what happens when the law can’t keep up with changes in the way society operates is trademarks.

The territorial nature of trademarks sits poorly with the global, borderless nature of business nowadays.

The current international trademark system was designed for a very different business environment. One that is suited to the needs of well-funded multinationals with deep pockets. They have the resources to secure trademark registrations in other markets as they move into new jurisdictions.

Trademarks share some similarities worldwide even though each country’s laws differ, having originated from different philosophical and legal traditions.

Thanks to various international initiatives it’s possible to secure trademark protection on a global level from your home country. But this is still rather expensive for many small businesses.

The recent Supreme Court decision disapproving of Amazon’s international approach to sales, outlined and discussed in my YouTube video, is a reminder that trademarks are territorial. And that means It’s important to dedicate a budget to registering them in other markets beyond one’s home market.

Otherwise, without trademark protection, you could find that someone else registers your name in their home market. Then you would be infringing on their trademark rights by selling in their country. The loss of a potentially lucrative market, if you have to block sales to that country, is one reason to find the budget for wider trademarking in other countries.

As mentioned in my video Uncovering lessons from Recent Amazon Trademark Infringement Case US branded goods now need to be blocked from shipment to the UK.

Anyone who is selling online and has customers in different countries MUST extend their trademark rights internationally.

The Supreme court decision involving Amazon has wider implications for Amazon’s Brand Registry as I mention more in my video.

My recommendation, if you’re trying to decide on the countries in which to register your trademarks, is to opt for those where you have substantial numbers of clients.

Probably most businesses would be wise to include the EU, given that it’s such a large market. They’d probably also want to include the USA. But beyond that, the countries to choose are those in which you have substantial numbers of customers or which you are hopeful of achieving more customers in.

Let me know what you think Amazon will do about its Brand Registry after this case. Do you think they’ll change their entire approach? Or will they just treat this case as a UK specific one? Watch the video and let me know in the comments what you think.