Trademarks USA

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Trademarks USA – assistance with rights to USA trademarks

The USA introduced a new rule, effective from 3-Aug-2019, which requires foreign domiciled trademark applicants to use US-licensed attorneys.  This doe not apply to USA nationals.  Trademarks USA – If you are selling goods or services in the USA you should consider registering a US trademark to prevent against possible litigation.

Trademarks USA

Trademarks are territorial in nature which means that the protection offered by trademarks only applies to the country where the trademark is registered. In the past, we assisted many organisations with specialist advice and consultancy services to register trademarks in America.  In future, under a new US trademark rule, effective from 3-Aug-2019, we will require foreign-domiciled applicants to appoint a US-licensed attorney.   

However, we may discuss cases at the pre-application phase, or if you decide that you need a US trademark we may assist with:

  • Carrying out a preliminary assessment.
  • We can then provide advice on considering an appropriate approach in view of our appraisal.
  • If approved, we may assist with considering a Madrid Protocol application, subject to applications for the USA appointing a separate US-licensed attorney.  While we can assist with the regional office in the EU, and the international bureau governing the Madrid Protocol, for applications designating the USA, EU-domiciled applicants are now required to engage a US-licensed attorney for any dealings with the US competent authorities.
  • Trademark disputes – we may also assist with consultancy on third party dispute negotiations.

In most cases, it is useful to undertake a search of  the existing registered trademarks before making your application. This is particularly the case in the US because their registration process puts all applications through an official examination process, often involving earlier trademark rights. The official examination looks at:

  • Previously registered trademarks to ensure that there are no duplications or conflicts.
  • The classification of the application to ensure that it has been specified in accordance with US requirements.

While you must use a US-licensed attorney for any dealings with the US competent authorities, it is possible that you may consult us on specialist technical trademark matters and advice on your trademark rights. We are also specialists at

  • specialist advice, consultancy and assistance with negotiating and establishing trademark agreements,
  • specialist assessments of opposing trademark rights in disputes,
  • constructive commercial advice on resolving trademark disputes, and
  • you can have access to around  20 years worth of experience of trademark rights.

Trademarks USA – securing official trademark rights can be important.  Please note that the US competent authority ruled in August 2019 that foreign domiciled applicants will need to directly engage a separate US-licensed attorney.  The US rule now treats US nationals differently to foreign-domiciled applicants.  For further information please contact BATTLE today.

 

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