Registering a trademark internationally means obtaining trademark protection in multiple countries via the Madrid Protocol, EUIPO, or national procedures. At Musch Legal, we work with IP counsel for worldwide trademark registration. For growing exporters, international trademark registration is often cheaper and more effective than reactively protecting against trademark squatting. A strategic approach to the trademark portfolio saves hundreds of thousands of euros in the long term.
What is the legal issue? (Why international trademark registration?)
Trademarks are protected territorially. A Benelux trademark does not work in Germany, China, or the US. For international trade, trademark protection is required per market. Neglect leads to trademark squatting (especially in first-to-file countries) and the loss of brand identity. International trademark registration via EUIPO and the Madrid Protocol offers a cost-effective route for global protection.
What does the law say? (What registration routes exist?)
EU Union trademark under Regulation (EU) 2017/1001 via the European Union Intellectual Property Office (EUIPO). Madrid Protocol (1989) under the World Intellectual Property Organization (WIPO) for international registration in 130+ countries. The basis is usually a Benelux trademark via BOIP or a Union trademark via EUIPO. For the United States, the Trademark Modernization Act 2020 applies additionally, with an actual use requirement.
TRIPS Agreement (1994) offers minimum protection in all WTO members. Berne Convention and Paris Convention grant priority rights.
Route
Coverage
Basic costs
Benelux trademark via BOIP
Belgium, Netherlands, Luxembourg
240 euros per class
Union trademark via EUIPO
27 EU Member States
850-1050 euros per class
Madrid Protocol via WIPO
130+ countries worldwide
650 CHF base + per country
National per country
One country
Variable 200-2000 euros
Route
Coverage
Basic costs
Benelux trademark via BOIP
Belgium, Netherlands, Luxembourg
240 euros per class
Union trademark via EUIPO
27 EU Member States
850-1050 euros per class
Madrid Protocol via WIPO
130+ countries worldwide
650 CHF base + per country
National per country
One country
Variable 200-2000 euros
What risks do companies face? (What goes wrong without registration?)
Trademark squatting in first-to-file countries (China, Vietnam). Loss of trademark rights to a local competitor. Unnecessarily high costs associated with reactive registration during a conflict. Products bearing your brand are blocked at customs. No right to oppose subsequent trademark applications. Upon termination of the distributor, they may have registered your brand in their own name — costly to recover.
Practical example from our practice (How did we build global trademark protection?)
Musch Legal assisted a Dutch fashion brand company with global trademark registration. We started with a Union trademark via EUIPO (1,050 euros per class), followed by Madrid Protocol extension to the US, China, UAE, and UK (additional costs approximately 4,500 euros). The total amounted to 6,500 euros for worldwide protection in four additional jurisdictions. In a subsequent Chinese trademark squat attempt, the client was able to win opposition based on prior registration.
What can you do? (What steps do you take?)
Conduct a Dutch trademark scan via BOIP or EUIPO. Build a trademark portfolio per market. For the EU: Union trademark via EUIPO. For non-EU countries: Madrid Protocol via WIPO. For first-to-file countries (China, Vietnam): register before production. Manage renewals every 10 years via trademark monitor. Assess the actual use requirement in the US. Engage Musch Legal with IP counsel for portfolio strategy.
Protecting intellectual property abroad