US Trademark Registration for Foreign Companies

Do you have a successful foreign business that you'd like to bring to the United States? If so, then you probably have some questions about the US trademark registration process. Don’t worry; you're not alone. Every year, thousands of people, Americans included, are baffled by the process of registering a US trademark.

Even if you do have experience registering a trademark with the United States, it's not a guarantee that your next attempt will be just as effective. Unfortunately, the United States Patent and Trademark Office (USPTO) – though efficient – is not expedient.

3 Reasons You Need Assistance with Your US Trademark Registration

  1. If your trademark application encounters any kind of issue (duplication, infringement, technical error, etc.), the USPTO attorney reviewing your application will issue an Office Action. An Office Action can set you back months in the approval of your application. Also, the proper course of action for responding to an Office Action isn't always clear to an applicant. In some instances, for example, you may be required to tweak your trademark application in just the right way in order to receive approval. Failure to comply with the USPTO's demands will result in even more lost time.
  2. Ultimately, if your trademark application fails, your application fee is not refunded. Depending upon the nature of your business, the lost money paid in application fees may not be a major issue. However, for many smaller non-US businesses trying to break into the US market, several hundred dollars lost in application fees can present a challenge.
  3. Back-and-forth correspondence with the USPTO can be a hassle for many foreign businesses. When you file your trademark application on your own, you have no intermediary/liaison to help you work through the requirements and post-application demands of the USPTO. By using our services for your US trademark registration, you can let me handle the correspondence. I will provide you with the executive summary of your application status. I will also handle any non-substantive Office Actions on your behalf.

3 Types of US Trademark Registrations for Foreign Businesses

  • Application Based on a Foreign Application. If you have already applied for the same trademark in a foreign country (e.g., your own country), then you may file this type of application, which helps you streamline the process.
  • Application Based on a Foreign Registration. If the trademark you're applying for has already been registered in a foreign country (e.g., your own country), then you may pursue this type of application to receive a US trademark.
  • Application Based on the Madrid Protocol. If you like the idea of paying one fee in one currency with just one office, then the Madrid Protocol might be the way for you to file your US trademark registration. However, this is not universally the best course of action for all foreign businesses. For additional information about the Madrid Protocol, reference this USPTO page.

Understanding the trademark application process, including the option of International Trademark Registration through the Madrid Protocol, is a crucial step for any trademark owner. As a trademark attorney, I emphasize the importance of trademark protection and the benefits of utilizing a professional for trademark filing. This is particularly true for foreign marks and design marks, where the priority and handling of intellectual property can vary significantly across jurisdictions.

For a foreign entity, navigating the complexities of multiple jurisdictions requires an adept trademark attorney to ensure that your mark, whether a standard character or design mark, receives the priority and protection it deserves.

Contact us to discuss your options, whether your interest lies in filing for trademark protection domestically, through the Madrid Protocol for International Trademark Registration, or understanding the nuances of protecting foreign marks and intellectual property as a foreign entity.

To learn more about US trademark registrations, get in touch with the Law Office of Xavier Morales today!

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