basic-guide-to-exporting_Latest_eg_main_086196

technologies altogether. Because IP law varies from the country of origin, it’simportant that you consult a local lawyer. The U.S. Commercial Service, located atembassies and consulates in over 75 countries around the world, maintains lists ofqualified legal specialists.Trademark LawLoss of intellectual propertyA trademark is a word, symbol, name, slogan, ormay be one of the moderncombination that identifies and distinguishes the company’s biggest fears.source of sponsorship of goods and may serveWhen in doubt, don’tas an index of quality. Service marks perform thehesitate to hire counselsame function for businesses dealing in servicesspecializing in internationalrather than goods. Additionally, the United Statesintellectual property laws.provides for protection of a mark, registeredor not, if that mark has become well knownthrough domestic or international use. However,in most countries, trademark rights are acquired only through registration, andmany countries require local use of the registered mark to maintain the registration.Whether a given mark can be registered in a particular country will depend on thelaw of that country. Some countries do not protect service marks. The United States isnot a member of any agreement under which a single filing will provide internationalprotection, although the right of priority under the Paris Convention confers asubstantial benefit.If your business is expanding, you may face a period of time in which your markis known and perhaps registered in the United States, even though you are notquite ready to do business abroad. It is smart to decide early where you will needtrademark protection and to protect your rights by filing in those countries. Decidingwhere to file is a business issue, in which youmust balance the expense of registration againstits benefit. At a minimum, you will want to file incountries in which you will do business. You mayalso find it desirable to file in countries that areknown sources of counterfeit goods, althoughsome national laws require local use to maintaina registration. Although trademark laws imposeno deadlines for registering a mark, a businessshould register promptly to avoid having its markregistered by someone else.Even if you’re not ready toexport, take steps to protectyour trademarks in othercountries. Impostors canappear and prevent you fromdoing business later on.You may find it beneficial to investigate the local connotation of a trademark or tradename before making a major investment in another country. A different languageor culture may have unfavorable, humorous, or even rude meanings for words orsymbols with neutral or favorable meanings in the United States. Even packagingcolors may connote different meanings in different countries. For example, whiteoften implies purity in the United States, but it is the color of mourning in most of theFar East.114U.S. Commercial Service • A Basic Guide to Exporting