Are trademarks internationally protected?
Trademarks are symbols, words, or logos used to identify products or services. In South Carolina, when a company registers a trademark with the state or federal government, it is then granted certain exclusive rights. These rights include the exclusive use of the mark in connection with certain goods or services and the right to sue someone who infringes on the trademark. The protections offered by trademarks are not limited to South Carolina or the United States. The Paris Convention of 1883 established the first international agreement that grants certain rights to the owners of trademarks. Under this convention, trademarks are protected as property and all governments must recognize the trademark registered in any other signatory nation. In addition to the Paris Convention, the World Intellectual Property Organization (WIPO) introduced the Madrid System in 1989. This system allows trademark owners to register trademarks in multiple countries at once. Though this is faster and more cost-effective than registering trademarks in each individual country, the Madrid System does not offer the same level of protection as a state or federal registration. It is important to note that while both the Paris Convention and the Madrid System offer international protection to trademarks, not all countries are signatories of the conventions. For example, China is not a signatory of the Paris Convention, which means trademark owners need to register their trademarks in China separately.
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