International treaties are available for both trademark and patent protection, and you should take advantage of each. TRADEMARK PROTECTION: You will need to obtain trademark protection for your name in all countries where you will be selling product. The countries that you mention in Central and South America are primarily Spanish-speaking countries, so you may need to decide whether you want to select an English-language trademark, a Spanish-language trademark, or a combined language trademark. PATENT PROTECTION: You would be well-advised to file a Patent Application immediately to protect your technology. If you file initially in the U.S., you have a year to make your foreign filing decisions, and your rights are protected globally. Patent rights are geographical and are granted by the Patent Offices of a particular country. Europe is the primary exception to this in that patent rights can be secured in about 38 countries of Western Europe with a single Patent Application. TRADEMARK vs. PATENT PROTECTION: Patents must also be distinguished from Trademarks in that a Patent Application need be filed before there is any public disclosure of the technology. A Trademark Application is filed generally after the mark has been used. You would be well-advised to seek the advise of intellectual property counsel who is knowledgeable about global protection.
Answered on Nov 27th, 2013 at 11:41 PM