Foreign Trademark Rights

Posted by Michael Shimokaji | Jun 24, 2014 | 0 Comments

Question: Can you use a business name that's already in use in another country?

I am getting ready to trademark my business name however, I just found out that there's a company in the Philippines with the same name. It's not a huge company, and they don't sell to the US however they do import all their stuff from here. Could there potentially be a problem with trademarking?

Answer: Trademark rights are based on a country-by-country basis. Rights in one country do not mean the owner has rights in another country.

You should check the trademark office database to see if there might be a conflict. But that database is just a starting point. http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4002:t3rc8b.1.1

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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