International

• Jurisdiction: Maryland

XXII. INTERNATIONAL

A. Territoriality

Trademarks are a creature of each country's internal laws. Generally, registration and protection in a country does not expand into other countries, and protection and registration are considered on a country-by-country basis. However, unfair competition actions based on products never sold in the U.S. may create a cause of action if the activity falls within the Lanham Act's zone of interests.²⁵³ A mark owner desiring to have more global protection for its marks needs to focus on each country of interest. Certain treaties and cooperatives have evolved over time. The European Union,²⁵⁴ which has combined many governmental functions in addition to trademarks, allows for registration in a central registry, and the Madrid Protocol²⁵⁵ provides a streamlined mechanism to file marks in a variety of different countries.

B. Paris Convention

The United States is a signatory to treaties which give to citizens of member countries certain rights regarding registration in the U.S., and U.S. entities registration rights in those countries.²⁵⁶ A beneficial aspect of the treaty is that if a foreign entity files a trademark application in the trademark office of a different...