International Trademark Registration
To protect a trademark internationally, you must seek protection in the countries or regions relevant to your business. There is no single registration that automatically covers the entire world. The available routes include direct national applications, regional systems where applicable, and the Madrid System for eligible applicants and designated member jurisdictions.
For businesses expanding abroad, the key decision is how to build protection around their actual markets. At Cárdenas Vega, we recommend giving priority consideration to separate national registrations, particularly when local advice, flexibility, and independence from a basic mark are important.
Does a trademark registered in Colombia protect you abroad?
Trademark rights are territorial. A Colombian registration does not automatically grant exclusive rights in other countries. Protection must be assessed under the law and filing arrangements applicable to each destination market.
Some regional systems allow a registration to cover several countries. For example, a European Union trade mark provides protection within the European Union. This does not extend its coverage to countries outside that territory.
A trademark itself is a distinctive sign that identifies the goods or services of one business and distinguishes them from those of others. For an introduction, see what a trademark is.
What is an international trademark registration?
The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows eligible applicants to seek protection in designated member jurisdictions through an international application. It requires an appropriate connection to a member and a basic trademark application or registration through the relevant office of origin.
It is not a worldwide trademark or an automatic approval in every designated market. Each designated office applies its own law when deciding whether protection can be granted. The United States, China, and the European Union are examples of jurisdictions that can be designated, subject to the applicable requirements.
Why do we recommend considering country-by-country registration?
Separate national applications allow the strategy to be prepared around each market from the outset. They are especially worth considering for businesses exporting from Colombia to a combination of Madrid and non-Madrid countries.
Protection in countries outside the Madrid System
The international route cannot be used to designate a country that is not covered by the system. A regional expansion plan may therefore require domestic filings regardless of whether Madrid is used elsewhere.
For the country-by-country overview and membership comparison, see our guide to trademark registration in Latin America and the Caribbean.
Local representation from the beginning
A Madrid designation can receive objections, oppositions, or a provisional refusal. Responding may require appointing local counsel within the applicable deadline, with additional professional fees.
With a direct national filing handled by local counsel, the application can be assessed against local requirements before submission, and responsibility for monitoring and responding can be established from the beginning. This does not eliminate objections or guarantee registration, but it helps organize the handling of the case.
Independence from a basic mark
For five years from the international registration date, a Madrid registration depends on its basic application or registration. If the basic mark loses effect under the relevant rules, the international registration can be canceled to the same extent across designated jurisdictions. Proceedings initiated during that period can also have consequences after it ends.
This dependency includes the risk commonly called a central attack. Transformation into national or regional applications may preserve the relevant filing date if the requirements are met, but involves further filings and expenditure.
Direct national applications avoid this Madrid-specific dependency. Each application is assessed separately under the law of the jurisdiction concerned.
Flexibility for different markets
A Madrid application must correspond to the basic mark and cannot cover goods or services beyond its scope. Separate applications allow different versions of a trademark and descriptions of goods or services to be planned for particular markets, subject to local requirements.
Madrid can offer administrative advantages for suitable portfolios. Direct filings require separate national administration. The choice should therefore follow a legal and commercial assessment rather than an assumption that either route is always cheaper or faster.
In which countries should you register your trademark?
Start with the countries where you sell, provide services, or have concrete expansion plans. Prioritize them according to their importance to your business and the timing of your entry into each market.
Use requirements and the consequences of non-use vary by jurisdiction. Some systems impose use-related conditions or allow registration to be challenged after a period of non-use. These rules should be reviewed before building a broad portfolio.
Practical tip: prepare a market list with your expected launch dates, the trademark version you intend to use, and the goods or services you will offer. This gives your attorneys a clear basis for recommending filing priorities.
How to organize trademark protection abroad
- Identify the owner and the trademark: confirm who will hold the rights and which names or logos need protection.
- Define your target markets: distinguish current operations from planned expansion.
- Assess availability: review relevant prior trademarks in each priority jurisdiction.
- Select the filing route: compare direct national applications with regional or Madrid options where available.
- Prepare and monitor the applications: coordinate documents, local requirements, and response deadlines.
- Plan ongoing maintenance: track renewals and applicable use-related obligations after registration.
International coordination through one law firm
Cárdenas Vega coordinates trademark registration services internationally, with a focus on North America, Central America, South America, the European Union, and China. We work with attorneys in the relevant jurisdictions to organize the filing strategy and handling of your applications.
To assess your expansion plans, provide the trademark name or logo, the prospective owner's details, your goods or services, and the countries where protection is needed. This allows us to define the proposed work and the appropriate route for each market.
Would you like to register a trademark or check its availability?
Complete this form. A specialized attorney will review your case and advise you on the best strategy to protect your trademark.