Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark protection in the U.S., it first consider a number of potential obstacles. Use of a company name and its related trademarks in the U.S. is not guaranteed. Although checking with the U.S. Trademark Office database allows one to search registered marks, it is likely only locating identical marks. Further complicating the process, the U.S. recognizes unregistered trademark rights as well, so such a search may not be as comprehensive as is needed to ensure that the company’s trademarks are not already in use.

Additional issues that may arise surround the requirement that the mark be in use in the U.S. before registration will be issued. If the mark is not in use at that time, a company’s intent to use the mark may be called into question by challenging third parties. In this article, each issue is addressed in turn, which should alleviate some of the mystery surrounding U.S. trademark law when any nonU.S. company is seeking to register a mark in the U.S.