A U.S. trademark registration extends to all 50 states and commonwealths, but doesn’t, in and of itself, extend to other countries. However, there are special considerations that United States laws give to other treaty countries through international intellectual property agreements.
These treaties give trademark registrations special consideration when an international business applies for trademark registration in the U.S. and vice versa when U.S. businesses try to apply for trademark registration in those other treaty countries.
I Have an International Business. Do I Have to Start from Scratch When I Apply in the U.S.?
No, you don’t. As an international business, you can apply under what’s called 44(d) status, which uses your foreign application or registration as a basis for U.S. registration, so you don’t need to go through the normal procedure, and you don’t necessarily need to show proof of use in the same way that you would. This can help save a lot of time for international applicants, so long as they abide by the U.S. filing deadlines.
You can backdate your filing date in the U.S. if you apply within six months of your international application in your home country. So, if you apply on January 1st in your home country and you apply before June 1st in the United States, then you can backdate your priority date to January 1st.
Learn More About Trademarking
If you are applying for a trademark, make sure to do it the right way with the legal team at Daniel Ross & Associates. To schedule a free consultation, please call (216) 307-5590, or get in touch using our online intake form.