• October 2018
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What is the most effective (time/price) way for a US-based startup to file for a EU Trademark?

Given that you already have a federal trademark, it will be relatively easy for you to procure trademark protection in the European Union. This is so because the United States and European Union are participants in the Madrid Protocol System, which permits American and European business to protect their intellectual property both at home and abroad by filing a special petition with their country’s patent and trademark office. To file this petition with the US Patent and Trademark Office, you must:

(1) Be an American National

(2) Have an American Domicile and

(3) Have an Industrial or Commercial Connection in the Country

First, file your trademark with the US patent office, designate the EU nations you want protection in, and include a fee payable in Swiss Francs. After this, the US Patent Office will certify the application and send it to the World Intellectual Property Organization, which will finish processing the application and grant you trademark protection in the European Union for ten years.

The Madrid Protocol’s key advantage is that it provides substantial cost savings. For example, under the Protocol, it will only cost you a flat fee of $1,600 to procure trademark protection in the EU. Whereas filing a patent in each EU member state, could cost you up to $100,000.

Need assistance filing your trademark? LawTrades has amazing business lawyers across the country who can help get your business off the ground. We offer free initial consultations, transparent flat-fee pricing, and start-to-finish project management. Feel free to message me with any questions!

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