Written by Tomas Orsula
Senior Trademark Attorney
No, your initial application’s success (or failure) doesn’t have an impact on subsequent filings. Applications filed in multiple jurisdictions are assessed independently, even those filed via the Madrid system. A refusal in one country only pertains to that jurisdiction and has no effect on the outcome for the rest of your applications.
For example, if you file in the US, EU, Japan, and Canada and receive a refusal in Canada, only the Canadian application is affected. The other three continue through their own examination processes, independent of each other (and the failed application). The grounds for the Canadian refusal (whether distinctiveness, a similar earlier mark, or another issue) may or may not be relevant in other markets, but the refusal itself has no legal effect on them.
Is it better to register trademarks in more countries at once or could this be done in a staged way?
In which countries should I register the trademark to sell globally?
Should I get a trademark when my business expands to a new country?
Do I need to get a trademark in China if I export my products from there?
If I register a trademark in the US, can I still sell my products in the UK with the US trademark?
Does the cost of trademark registration vary between countries?
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