Legal protection of a trademark extends only within the borders of the country where the trademark is registered.
There are two ways to apply for a trademark abroad.
The first option – directly to the department of the state in which the applicant wishes to obtain protection, but mandatory representation by the patent attorney of this state.
Second option – by submitting an application based on the Madrid Agreement, submitted through a patent attorney of Ukraine under a simplified procedure. The advantage of this procedure is submission of one application, one language, payment in one currency and payment of one international duty.
The right to submit an international application has the right to any natural or legal person who has citizenship, or a place of residence, a real and active industrial or commercial enterprise in Ukraine.
To apply for international registration, you must have a basic (national) application or registration. At the same time, the applicant or the owner of the relevant basic application and/or basic registration is the same person(s) who files the international application and concerns the same mark, and the list of goods and/or services given in the international application may contain part of the goods and/or or services specified in the basic application (basic registration), but it should not contain goods and/or services that go beyond the list of goods and/or services specified in the basic application (basic registration).
After registration of the mark in the International Register, the international registration can be extended to other countries of the Madrid System. For this, an application for territorial distribution is used.
It should also be noted that international registration remains dependent on the national (basic) registration or application for five years from the date of international registration. Thus, the international trademark registration loses its validity if the national trademark is canceled within five years. After the five-year term, the international registration becomes independent of the national trademark.