International Trademark in the United States

A trademark is a type of protected intellectual property and is considered an important intangible business asset. Acquiring a trademark can give your business partners and investors more confidence in your business, which can help you collaborate with more partners and raise equity to further develop your business. A trademark not only protects your creations but can also maximize the value of your creation because you have the ability to license it to a franchisee or sell it outright.

Filing for a trademark in the US, or for an international trademark, is complicated , and the risk of getting it wrong is significant .

What is a trademark?

A trademark is a sign or mark (brand name) that you can use to identify and distinguish your company’s goods or services from another company’s goods or services. By registering your trademark, you can prevent others from using its name or logo .

Once a trademark has been registered, it is protected indefinitely as long as you renew it every 10 years .

More info: USPTO: What is a Trademark?

What law or regulations apply?

Trademark law in the United States is primarily governed by:

• The Lanham Act (Trademarks Act of 1946) , 15 U.S.C. §§ 1051 et seq. ( View the full statute)
• Rules of Practice , 37 C.F.R. Part 2 ( Read here)

While you are not required to hire an attorney to file a trademark application with the USPTO, it is highly recommended because:

• The process can be complex and lengthy.
• An attorney can help you:
• Determine whether your mark is registrable
  • Conduct a trademark search to identify conflicts
  • Navigate the application and potential opposition process

Find an attorney familiar with trademark law to reduce risk and save time.

What are the risks of noncompliance?

If you use another company’s trademark without authorization, or someone else uses yours, you can be involved in a civil action for trademark infringement .

Trademark infringement is defined as:

“The unauthorized use of another’s trademark or service mark on or in connection with goods or services in a way that is likely to cause confusion, deception, or mistake about the source of the goods or services.” — USPTO: Basic Facts About Trademarks ( Read more)

The USPTO only registers trademarks ; enforcement is your responsibility as the trademark owner.

If trademark infringement is proven, remedies can include:

• A court order (injunction) requiring the infringer to stop using the mark
• Destruction or forfeiture of infringing goods
• Monetary damages , including the infringer’s profits and your losses
• Court costs and, in some cases, attorney’s fees

Resources

Here are key resources for US and international trademark filings and research:

1. Trademarks Act of 1946 (Lanham Act)
2. 37 C.F.R. Part 2 — Rules of Practice
3. United States Patent and Trademark Office (USPTO)
4. USPTO: US Trademark Law, Rules of Practice, and Federal Statutes
5. USPTO Trademark Electronic Search System (TESS)
6. World Intellectual Property Organization (WIPO)
7. European Union Intellectual Property Office (EUIPO)
8. USPTO Trademark Fee Schedule
9. Trademark Status and Document Retrieval (TSDR)
10. Trademark Trial and Appeal Board (TTAB)