There once was a company named Zotz,
Which created toys for tots,
It set up abroad, of course!
But filing first is KnockOffSource,
Can Zotz manufacture? Methink “notz!”
Trademarks are territorial. Protecting your brand in your home country does not equal protection in foreign territories. Conduct searches in each nation of interest and file all available trademarks. In many foreign nations, trademark rights are based solely upon filing and registration, not upon common law rights established when using the trademark in commerce.
First published in Inside magazine, NYSBA, Fall 2017.