Marchio Internazionale o marchio nazionale diretto, quale scegliere?
To answer the question: “International brand or national brand name, which one to choose?” one must distinguish case by case.
Many users contact us, asking us to register their own brand around the world. Well, we immediately want to clear the field out of misunderstandings, pointing out that there is no “world brand”, that is valid at the same time in all countries of the world, since each of them has its own rules to which it should refer. As a result, it is possible to assess whether to register your brand using the international brand tool or the direct national brand tool. It is fair to say that although optimistic expectations are expected for your business and, except for some truly isolated cases, you do not need to register the brand in all the countries of the world, investing in significant figures, but investing in the major countries of their actual interest, current and / or potential.
How to get started:
If you have a good forecast for your business, you can consider whether to use the international brand tool, that is, a unique procedure that allows you to claim multiple international trademark countries at once, with a clear benefit in terms of cost reduction but, at the same time, with some contraindications that it is good to know in advance, to avoid being faced with unpleasant surprises. Indeed, the international brand is in all respects a “cauldron deposit”, ie the one and only standardized deposit procedure does not take due account of the numerous and different norms of individual countries of interest with which you will have to confront or clash . Consequently, in the light of the procedural simplification of the filing of the international mark, often and willingly expecting a quick and happy conclusion of the registration of your brand is disappointed. Indeed, the obvious consequence is to come up with one or more objections / disputes issued by the various Trade Marks Offices of individual countries, with the inevitable and substantial aggravating of expenses to be sustained in an attempt to defend and, therefore, “save” their own brand name. Is the registration of the international brand really realistic? It can only be beneficial if the preliminary search activity for databases has given positive and rewarding results, and if the individual countries of interest have at least similar rules.
If not, what should I do?
In such a case, it is definitely preferable to evaluate the instrument of the direct national brand, namely the Chinese, Indian, US, ie validity in the single and single country of interest. Of course, the cost of the 10-year direct marketing campaign may be apparently higher compared to that of the international trademark that simultaneously protects several countries of interest. On the other hand, we must not underestimate the fact that the various rules we are going to have to deal with are diametrically opposed, therefore, in the face of the acquired registration of the trademark in a single country, the risk of one or more disputes in the remaining Countries claimed in the application. The result of this is to be able to defend its brand on multiple fronts, with inevitable additional activities to be undertaken and which, of course, have not been prevented. Here is why national direct deposit in the single country of interest may prove to be strategic, and if you prefer to adopt a targeted deposit strategy, to carry out all the relevant checks at the earliest opportunity, the success rates will undoubtedly be higher . In fact, we will avoid finding ourselves in the unfortunate situation of falling in the worst case scenario, refusing its brand, or, at best, the substantial increase in costs to be borne, often not predictable in their exact amount. because the domestic deposit in the single country of interest may prove to be strategic, and if you prefer to adopt a targeted depositing strategy for the series, to carry out all the necessary checks at the earliest opportunity, then the success rates are undoubtedly higher. In fact, we will avoid finding ourselves in the unfortunate situation of falling in the worst case scenario, refusing its brand or, at best, the substantial increase in costs to be borne, often not predictable in their exact amount. because the domestic deposit in the single country of interest may prove to be strategic and for the series, to adopt a targeted deposit strategy, to carry out all the examinations of the case, will cause the success rates to be undoubtedly higher. In fact, we will avoid finding ourselves in the unfortunate situation of falling in the worst case scenario, refusing its brand, or, at best, the substantial increase in costs to be borne, often not predictable in their exact amount.