Hi Georg,
Ae requested, I have asked our Patent Attorneys, Phillips and Leigh (P&L), for details of taking out trademarks outside Europe
There are 2 paths we can follow:
1) Madrid Protocol (WIPO)
We could apply for a community trademark within selected countries which are signatories to the Madrid Protocol (including US and Japan).
The cost is relatively low but the downside is that if a refusal is raised in any one country within 5 years, then all is lost. Then, one has to go back to national registrations and start all over again. The official fees are £1,100 plus Philips and Leigh costs, say a budget of £2,000.
2) Selected national registrations
So far, We have had responses from US and Japan.
The recommend approach is to go for a preliminary search:
A quick search costs $ 3-400
A complete search would cost $1,300- 1,600
both plus P&L fees which would say double the cost approximately.
If we go for full registration, the official fees would cost $2,400.
The overall cost for either USA or Japan, without too many complications, would be $10,000 plus P&L = say $20,000 per country
P&L feels that the design is likely to get through but senses that there may be some objections on the regulations in the USA.
They have done a quick search of the USPO website and found a number of similar trademarks including a Certified Open which died in 1996.
A possible suggestion:
1) Do a thorough search in US and possibly Japan as it is there that the most likely contests will be raised;
2) If ok, go for the Madrid Protocol.
I can send you more background material when you are ready.
Best regards
Basil Cousins
44 208 661 1873
44 771 736 2525