Can someone else get a trademark for my brand name in another country? How?

That's what concerns me. I'm doing a startup and I found a really good name that isn't trademarked yet. But I can't afford filing a trademark in every country even after I launched my website. So when I launch my international website and let's say it becomes rather succesful, what stops anyone from just filing a trademark with my brand name in other countries where I didn't have the money to register a trademark in yet? Maybe I can get a trademark in USA but someone else just takes my name and trademarks it in my class in England? What stops anyone from just looking for new and upcoming companies and then simply register a company and file a trademark with someone else's name. Either for their own purpose or to sell the rights for the trademark in the future?

Hi Patrik Adding to Stephanie's answer, I am sure you will find lot of similar marks registered in different countries offering their respective products and services within the territorial limits of their jurisdictions. Yes, people are proactive to register for domain names and trademarks just to sell at later stage, but this is more prevalent in case of famous brands like Apple (iPhone, iPad etc.). But risk is always there for every business and only practical solution is to have a smart trademark protection strategy in place. For example, if you have a website and major traffic comes in from countries like US, filing a US trademark will make sense with a view to safeguard your interests. During early stages, it is not possible for companies and individuals to file international trademarks in many countries, but following a gradual approach and covering relevant territories along with business milestones will ensure stronger protection of your brand. Hope this helps. Best Regards,  Rahul Devhttp://www.ePatentHelp.com

What Stephanie says + you have 6 months from filing your first application to file anywhere else in the world and "backdate" your rights. IP litigation isn't cheap and is toxic to investors so if you do get in trouble maybe taking a leaf from Snoop Dogg's book won't be so bad after all.

In the US, you have a trademark automatically simply by using it, although registering it federally provides some significant advantages. However, you cannot keep a trademark if you are not using it in commerce, so even if someone filed for registration, if they are not using it, they will not be able to keep it. I assume some other countries would have similar rules.   Another thing to remember is that trademarks apply to particular classes of goods and services; it is quite possible to have similar marks belong to different companies if they are not in the same business.   DISCLAIMER: The information contained in this post is provided to you “AS IS”, and does not constitute legal advice.