First to Use vs. First to File: Global IP Explained
International Trademark Law: How to Protect Your Brand Globally Did you know your US trademark stops at the border? In this episode of Letters of Intent, Pankaj Raval and Sahil Chaudry dive into the complex world of international intellectual property. They explain why the First to File system in other countries creates a massive risk for US brands, how Apple got held hostage for $60 million over the iPad name in China, and why influencers need to trademark their TikTok handles to fight copycats. In this episode, you will learn: US Protection is Local: A US trademark does not protect your brand globally. If you sell or manufacture overseas, you are exposed. First to File vs. First to Use: The US uses First to Use (you own it if you use it). Most other countries use First to File (whoever files the paperwork first owns the brand, even if they have never used it). The Squatter Risk: Because of First to File, bad actors can register your brand in China or Europe before you do, forcing you to buy it back from them. WIPO and Madrid Protocol: You can use WIPO to file in 100 plus countries at once. It is cheaper, but carries a Central Attack risk where if your home application fails, your entire global portfolio can be invalidated. Manufacturing Protection: You should register trademarks in countries where you manufacture (like Mexico or China), not just where you sell, to prevent factories from selling your goods out the back door. Social Media Handles: Trademarking your handle gives you a legal weapon to force platforms like Instagram and TikTok to take down copycat accounts that use confusingly similar names. Use It or Lose It: You must monitor your brand globally. If you allow infringement to continue without sending a cease and desist, you can lose your rights to enforce the mark later. ► Listen to Letters of Intent's other episodes: bit.ly/LOIPodcast ► Visit Carbon Law Group's Website: carbonlg.com ► Protect Your Brand with Our Trademark Watch Service: [carbonlg.com/introducing-carbon-laws-new-trademark-watch-service/]() Connect with Us: ► Connect with Pankaj: [ / pankaj-raval ]( / pankaj-raval ) ► Connect with Sahil: [ / sahil-chaudry-6047305 ]( / sahil-chaudry-6047305 ) ► Schedule A Call With Us: carbonlg.com #CarbonLawGroup #InternationalTrademark #WIPO #IntellectualProperty #BrandProtection Carbon Law Group, Los Angeles, Los Angeles County

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