Asked in Trademark and Intellectual Property

Q: I want to have a global holding company to operate the way Virgin group by Richard Branson operates. How to trademark?

The subsidiaries will be operating in different countries. Do I trademark worldwide the name of my company or in individual countries. I'm a resident in an african country but the parent company will be registered in the carribean. Thanks

1 Lawyer Answer
James L. Arrasmith
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A: To protect your company name globally, especially with subsidiaries operating in multiple countries, you'll need to consider trademark registration in each country where you plan to do business. There isn't a single "worldwide" trademark registration process, but the Madrid Protocol offers a streamlined way to file trademarks in multiple jurisdictions through one application. This system is administered by the World Intellectual Property Organization (WIPO) and allows a trademark to be registered in any of its member countries through a single application.

Since you're planning to register the parent company in the Caribbean, you'll first need to secure a trademark in the jurisdiction of incorporation. After that, you can use the Madrid Protocol to extend your trademark protection to other countries, assuming those countries are members of the Protocol.

Given the complexity of international trademark law and the strategic decisions involved in choosing where to register trademarks, it's highly recommended to work with a legal professional who has experience in intellectual property law. They can help you navigate the process, ensure your trademark is properly registered in all relevant jurisdictions, and advise on how to maintain and enforce your trademark rights globally.

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