Can I use a company name that already exists in another country?
Yes, someone else can get a trademark for your brand name in another country. Reason being that trademarks are teriitorial in nature which means that you have to get them registered in every country seperately.
Can you get an international trademark?
You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There is a processing fee for registering a trademark with the WIPO, but it is less costly than filing individual applications within each country.
How do I register a trademark in another country?
In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.
What is the jurisdiction of the trademark?
Federal courts have original jurisdiction over federal trademark disputes. However, state courts also have jurisdiction over federal trademark disputes. Trademark disputes alleging violations of state law can be heard in state court in every instance and in federal courts in only some instances.
Can a trademark be assigned?
Instead, a trademark must be “assigned” through an Assignment of Rights. That Assignment must transfer not only the trademark and the registration, but must also transfer the goodwill behind the trademark to be valid. A trademark ownership transfer must include a transfer of the “goodwill” of the trademark.
Can two companies use the same trademark in different industries?
However, the question is determined by the potential for the confusion of consumers. If two similar marks are used in different industries that are located in different markets, confusion is unlikely. On the other hand, if two businesses that are using similar marks are operating in markets that overlap, priority will be an issue.
Can I use a registered trademark in another country?
However, you will only be able to use it in the market in which you were using the mark when the other company registered the name. The other company that has registered the trademark will have priority for its use in all other markets and can stop you from using it in new locations.
What is it called when a trademark is registered?
When these marks are registered with the United States Patent and Trademark Office, they are called trademarks. Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business.