It is important to emphasize that trademark protection should be considered as a prerequisite and not as an accessory operation of activities of commercial export.

This can be justified with two sets of reasons.

The quick review of a local law on industrial property, including trademarks, is important because it allows in some cases, to determine the commercial implantation strategy on that exterior market.

One can, for example, come to the realization that the French trademark cannot be accepted for protection in a foreign country.

The first thing to do is verify that the trademark does not need to be modified or adapted to be protected in the foreign market.

It is also important to study the regulations in trademark licensing. In many countries, licensing of trademarks is subject to very specific regulations, which may determine the content, form, and agreement that we intend to execute with the local partner.

Finally, we must see if it is possible to be the owner of a trademark in the country where relocation is intended. In Germany, for example, “holdings”, which have no industrial or commercial activities, cannot be the owners of a trademark.

There is a second set of reasons for this prerequisite. Ensuring that the trademark is unknown in the country. It is therefore necessary to search for precedence before filing the trademark. This rule is even more important in the case of franchising because there may be sub-franchisees who will be first in line in case of a dispute over the trademark and they may turn against the franchisor or master franchisee (unfair competition, counterfeiting, etc. ...).

On the other hand, we must know that in many countries, registration of a trademark is a prerequisite for licensing and, in this case, the master franchise contract. However, in some countries the registration of a trademark occurs long after the deposit (up to 2 years). (See "The master franchise” Gast Editions, 2001)