The U.S. Patent and Trademark Office Unveils New Online Filing Method for Foreign Trademark Applications Applicants for new United States trademarks, as well as owners of existing marks, have a new simplified way to obtain protection for their trademarks in the European Union, as well as in 64 individual foreign countries. Even better, the new system, which works through the United States Patent and Trademark Office (PTO), is now available online. Historically, filing for foreign trademark protection meant hiring an attorney in the foreign country, complying with the various trademark regulations of that country, filing paper forms, and paying various fees in local currency. The new system, created under an international trademark treaty known as the Madrid Protocol, allows U.S. trademark owners and applicants to select the foreign jurisdictions in which they would like their mark to be protected and to pay all filing fees in U.S. dollars through the PTO. The new electronic filing procedures are a substantial improvement over the prior cumbersome paper filing procedures for international trademark protection. In some cases, the entire process may be accomplished without filing any materials on paper. Trademark owners should be aware, however, that the international applications must be identical in scope to the U.S. application, that the international trademark application is still subject to the review of the selected countries_ trademark offices, and the filing fees increase for each additional country in which an application is filed. To use the new system, a trademark owner first submits a request for international protection of a trademark to the PTO. The PTO then forwards this request to the World Intellectual Property Office (WIPO) in Geneva, Switzerland. If the request meets WIPO's requirements, it is then sent to the national trademark office of each of the selected countries. Each national trademark office will review the mark and issue a registration if the application meets the registration requirements of that country. Adding to the benefit of this new system, the European Community has also joined the Madrid Protocol. In European Community countries, trademark applicants may elect to file either trademark applications with the individual national trademark offices or file a single European Community application covering all of the European Community countries. Depending on the scope of protection desired and the likelihood that an application will be attacked by other parties, filing a European Community application may be an effective cost-saving strategy for businesses who wish to protect their marks throughout Europe. The new PTO filing system also allows European Community applications to be filed electronically. Click here for a list of the current countries in which a U.S. trademark applicant or an owner of an existing U.S. trademark registration may seek trademark protection under the Madrid Protocol through the PTO's new electronic filing system. If you have any questions regarding the information in this bulletin, please contact Bob Felber at (615) 850-8741 or Mark Plotkin at (615) 850-8567 or any other member of our Intellectual Property Practice. The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.