Can a Foreigner Register a Trademark in the US?

Introduction

A trademark is an identifier in the form of any word, phrase, symbol, or design that distinguishes the source of the goods or services of one party from those of others. The owner generally has the right to use it to prevent other parties from using it in connection with their product or service. Trademark law protects your brand by giving you legal rights against infringement (i.e., someone else using your trademark without permission).

In order to register a trademark in the United States, there are several steps involved including: filing an application electronically through Trademark Electronic Application System (TEAS) at www.uspto.gov/teas/, paying fees, getting verified statements from current owners, obtaining deposit slips for each applicant within three months after filing the application, submitting specimen copies on paper along with fee paid at office nearest applicant’s residence–notary publics will be provided there afterward.

How Can a Foreigner Register a Trademark in the US?

A foreign entity can be an owner in a US trademark application. The USPTO will do a search to see if an identical mark is already being used by someone else and reject your application if they find it exists (although this doesn’t always happen). If you file an absent inventor’s oath or declaration of use with an intent to use the mark in commerce, then there is no search required by federal law (according to Trademark Manual of Examining Procedure Section 4(c)).

The USPTO will do a search to see if an identical mark is already being used by someone else. If the USPTO finds an identical mark, then it will deny your application.

The trademark application process can be confusing and overwhelming for anyone looking to register a trademark in the United States. It’s important that you understand how this process works so that you’re ready for when your time comes for filing an application with the U.S. Patent & Trademark Office (USPTO).

The Current Trademark Law

The current trademark law requires that the owner must use the mark in commerce before registration. This means that if you want to register a trademark, it must be used in commerce – meaning that you can’t just save your idea for later and file for registration then. However, if an applicant has filed the required application with USPTO before using or selling their product, they will be able to receive priority over all other applicants who may have filed later than theirs.

File a Verified Statement of Consent

A verified statement is a form that you can use to register your trademark in the United States. It needs to be filed with the USPTO no later than 4 months after publication of your mark, which means it must be filed by April 1st of the year following its first use (e.g., if you start using your trademark on November 1st, then you should file by March 1st).

An irrevocable consent is another piece of paperwork that some companies have their attorneys sign before filing an application for registration at TMEP’s Office in Washington DC. This document tells them that they’re willing to pay whatever fees are required by law so long as their mark gets approved.

Find an Attorney

Before you can register a trademark, it’s important to find an attorney registered as an intellectual property specialist (this indicates they’ve demonstrated special competence by passing a bar association test). Intellectual property specialists are lawyers who specialize in handling intellectual property cases.

Some states require that you register your mark before filing for its registration. If this is the case, look for a lawyer with knowledge of trademarks and/or copyright law who has passed the state’s bar association exam. Some states also require that you be registered as an intellectual property specialist before filing for federal registration of your mark or patent application from within that state—this will ensure that your attorney understands how to carry out their duties under those circumstances.

Contact your Local Patent Office

If you’re looking for a trademark attorney in your area, it may be worth contacting the US Patent and Trademark Office (USPTO) to see if they can help you find someone. The USPTO has an online database of attorneys who have been approved by their licensing board to practice intellectual property law, so using this resource will lead you directly to registered attorneys who specialize in trademarks and patents.

You can also search through our directory of recommended intellectual property firms by state or country here: https://www.trademark-office-search/.

Conclusion

Now that you know how to register a trademark in the US, it’s time to get started. The process is easy and there are many benefits, including having your mark protected from infringement with no need for filing suits against those who infringe on your trademark rights. So go ahead and apply for a US-registered trademark today.