Can a Canadian business trademark in the US?
A Canadian patent, trademark or industrial design does not secure your rights outside of Canada. It is important to know how to recognize, register and enforce your IP rights in the U.S. For the most part, the protection and registration process for IP in the U.S. is similar to that in Canada.
Can a U.S. business have the same name as a Canadian business?
Anyone can start a business with the same or a similar name if they wish.
Does a US trademark apply in Canada?
Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.
Do you have to trademark your business name in every 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.
Can I use a logo from another country?
No. Trademarking your logo only grants you trademark protection in the country where you filed for the trademark. Although trademarking your logo in one country can make it easier to trademark it in another, you need to file for a separate trademark in every country where you want that legal protection.
Can a Canadian file a US patent?
Canadian patent agents registered with the United States Patent and Trademark Office (USPTO) can directly file U.S. patents for Canadian applicants. Most Canadian inventors and companies rely on such Canadian patent agents for the preparation and filing of their U.S. patent applications.
Can a foreign company own a US trademark?
The answer is yes. Anybody, anywhere in the world can file a US trademark application.
Can you sue without a trademark?
1. We cannot get sued for trademark infringement because we have a federal registration. This essentially means that, even without a trademark registration, a mark owner is entitled to trademark rights so long as it uses the mark in connection with providing goods and services in commerce.
Can you register a trademark that is already in use in another country?
You should have it in mind when registering your brand. If you are operating in more than one jurisdiction, your mark also should be protected in all the countries where you use it. In most countries, the trademark must be used to be valid and registered.