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Can I trademark a name already in use in another country?

Posted on August 24, 2022 by Author

Can I trademark a name already in use in another country?

No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.

What if my trademark is registered in another country?

There is no such thing as an “international” registered trademark. Trademarks are registered on a jurisdiction by jurisdiction basis. Otherwise, you risk losing your rights to your brand in that country or potentially infringing another’s registered trademark.

How do I trademark a name and logo internationally?

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 are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.

Can I use a trademarked name UK?

Seek permission to use the trademark The UK Intellectual Property Office’s (UKIPO) database includes details of who owns a particular trademark. Write to the owner asking permission to use the trademark. They may give you permission or agree to license its use for a fee.

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Can there be 2 trademarks with the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

How do you register a trademark in the European Union?

How do you Register a Trademark in the EU?

  1. Conduct a trademark search.
  2. File your trademark application with the EUIPO.
  3. EUIPO initiates examination period.
  4. Publication in the EU Trademark Bulletin.
  5. A trademark is issued.
  6. Monitor and renew your trademark.

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