While it is essential to register one's trademark in the country of origin, seeking international trademark protection holds significant importance as well. Many entrepreneurs and small businesses in Sint Maarten and the surrounding region often feel that their goods or services are mainly focused on the local market. However, with the growth of e-commerce and social media, businesses today have the potential to reach customers far beyond their borders.
When considering the possibility of protecting a trademark beyond the borders of Sint Maarten, it is essential to have a comprehensive understanding of the various trademark registration systems that are available.
Through an international trademark application, a potential applicant can seek trademark protection in up to 131 countries under the Madrid System. The Madrid System reduces the process of registering a trademark in multiple countries by allowing individuals to submit a single application.
How to file?
There are two methods for filing an international trademark application:
- Filing directly with individual Intellectual Property Offices (IPO):
You can choose to submit separate (national) applications to each relevant local IPO for trademark protection in specific countries. This method can increase the visibility of your trademark within local databases, offering direct engagement with the trademark system of each country or region. - Filing electronically through WIPO’s Madrid e-Filing system:
Alternatively, you can file your (international) application electronically via the Madrid e-Filing system if you wish to extend your trademark protection to multiple countries simultaneously. This method is more efficient for those seeking protection in several jurisdictions at once. You are required to create a WIPO account before submitting your application through the e-filing method.
Trademark right of priority
If a trademark holder wishes to claim right of priority date, it is important to note that this claim must be made within six months of the filing date of the first (base) application. This will allow a trademark holder to claim the filing date of the first application in the subsequent countries where he or she wishes to seek protection.
How to pay?
There are several fees associated with filing for an international trademark through WIPO.
- the basic fee, paid to the local IPO;
- a complementary fee for each Contracting Party designated; and
- a supplementary fee for each class of goods and services in excess of three.
Before filing your application, it is recommended to use WIPO's fee calculator (see point 2). This tool will help you estimate the fees associated with your international trademark application, giving you a clearer idea of the costs involved. Please note that all payments to WIPO must be made in Swiss francs, which is the required currency for these transactions.
For additional information on the payment methods accepted by WIPO, click the following link.