          
          
          
                                 Trademarks
          
               A trademark is a word, symbol, or device which 
          identifies the source or sponsorship of goods and may serve 
          as an index of quality.
          
               Service marks perform the same function for businesses 
          dealing in services rather than goods. For example, an 
          airplane manufacturer might register its trademark, while 
          an airline would register its service mark. In the United 
          States, rights to trademarks, service marks, and other 
          marks such as collective marks are acquired through use or 
          prior foreign registration. However, in most countries 
          trademark rights are acquired only through registration, 
          and many countries require local use of the registered mark 
          to maintain the registration. Whether a given mark can be 
          registered in a particular country will depend on the law 
          of that country. For example, some countries do not protect 
          service marks.
          
               The United States is not a member of any agreement 
          under which a single filing will provide international 
          protection, although the right of priority under the Paris 
          Convention confers a substantial benefit.
          
               Expanding businesses sometimes face a period of time 
          in which their mark may be known and perhaps registered in 
          the United States, but they are not quite ready to do 
          business abroad. It is prudent to decide early where 
          trademark protection will be needed and to protect rights 
          by filing in those countries. Where to file is a business 
          decision, balancing the expense of registration against its 
          benefit. At a minimum you will want to file in countries in 
          which you will do business. You may also find it desirable 
          to file in countries which are known sources of counterfeit 
          goods, although some may require local use to maintain a 
          registration. Although trademark laws impose no deadlines 
          for registering a mark, as a practical matter a business 
          should register promptly in order to avoid having its mark 
          registered by someone else.
          
               Although not a legal requirement, it may help to 
          investigate the connotation of a trademark, trade name, or 
          trade dress before making a major investment in another 
          country. A different language or culture may have 
          unfavorable, silly or even rude meanings for words or 
          symbols with neutral or favorable connotations in the U.S.  
          Even package colors may connote different meanings. For 
          example, white may imply purity in the United States, but 
          it is the color of mourning in most of the Far East.
          
               Trade names are also protected on a country-by-country 
          basis.  Although the Paris Convention requires protection 
          of trade names, they are not necessarily registered. Each 
          country protects them in accordance with its own business 
          practices.
          
          
          
