When it comes to patent, it seems like there is a 12 months period where we can file International Patent from the date of provisional patent.

I have a trademark in the US. I would like to go for international trademark once I raise some money from Investors.

Is there any such grace period available for international trademark?

1 Answer 1


There is no such thing as a global trademark. There are trademarks in different countries, and when you start doing business in those countries you can file to obtain a trademark in those countries.

For example, Ivanka Trump's fashion line had U.S. trademarks and has been in the process of obtaining Chinese trademarks over the last few years since she has started doing business in China.

There is no particular timeline for obtaining a trademark. Simply using it gives rise to common law trademark rights without any filing in many countries in the places and markets where you use it, and you can't obtain a trademark until you are using it in commerce in a country or imminently about to do so.

But, unlike a patent which goes into the public domain if you don't timely perfect it with a patent filing, a trademark can be obtained at any time before someone else is granted the same trademark in the some geographic area in which you seek one, in the market for goods or services of the same type as you are seeking.

  • I heard china has "First to File" trademark system. So if I don't protect trademark in china, don't you think my trademark is vulnerable to "Trademark Squatting"?
    – Giri
    Jul 28, 2018 at 4:04
  • 1
    I don't know if China does or not, but it wouldn't be surprising if someplace did, and I don't know how they handle trademark squatting (I suspect that extra-legal tactics are common). But as to the core point of your question, even if it did, there would be not 12 month window to obtain one, it would simply depend on who won the race to the TM office. Also, while this would matter a lot for visual logo trademarks, for word or phrase TMs even with stylized script, the loss would be minimal as an equivalent Chinese character TM might very well not be protected by a trademark in Roman letters.
    – ohwilleke
    Jul 28, 2018 at 4:11

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