After confirming eligibility
for the Madrid System, the next pivotal question is: "Where are your
markets located?" Trademark strategy is not just about picking
countries; it is about managing the rhythm of expansion and the allocation of
resources.
1. Core Markets vs. Potential Markets
First, categorize your target markets into two types:
-
Core
Markets: Countries where you already have sales,
subsidiaries, or definitive plans to enter within a year.
-
Potential
Markets: Countries with long-term interest but no
immediate plans, where filing is primarily for "defensive
protection" or "placeholding."
Strategy Recommendation: If your market is highly concentrated in 1–3 core countries (e.g., only the
U.S. and Japan), "National Applications" often provide more
direct legal protection and allow for fine-tuning the goods/services
description. Conversely, if you plan to launch across multiple regions
simultaneously (e.g., various European and Southeast Asian countries), an "International
Application" is the most efficient way to cover extensive ground.
2. The Pace of Expansion: Simultaneous vs. Phased
The way your brand enters a market dictates the best
filing route.
-
Simultaneous
Launch (The "Big Bang"): If your
product is sold globally via e-commerce or international exhibitions at
once, the Madrid System is your best tool. It allows you to secure
a priority date across dozens of member states with a single filing,
ensuring your brand is protected everywhere at the same starting line.
-
Phased
Expansion: If you prefer to master one market first before
moving to the next (e.g., focus on Taiwan for two years before considering
the U.S.), National Applications offer greater flexibility. While
the Madrid System allows "Subsequent Designation" later on, the
process and fees may not always be more advantageous than a direct
national filing.
3. Regional Legal Characteristics
Market layout must also consider the legal systems
involved:
-
Madrid
Members: Most developed economies (e.g., EU, U.S., UK,
Japan, Korea) are members. The international route is highly convenient if
your markets fall within these regions.
-
Non-Members: It is crucial to note that several key markets (e.g., Taiwan, Saudi
Arabia, parts of South Africa) are not members of the Madrid
System. If these are your primary targets, you must budget for
"National Applications" in these jurisdictions.
Conclusion: Flexibility is Key
Market layout is not a binary choice. Mature brands
often adopt a "Hybrid Model":
-
Use National Applications for core, high-risk markets where precise
local legal expertise is needed to ensure registration success.
-
Use International Applications for broad defensive coverage across
potential markets (e.g., Europe, Southeast Asia) to manage costs.
Once your market layout is defined, we move to
the next critical topic:
"Budget Planning." Is an
international application truly cheaper? What are the hidden costs to watch out
for?