“A Trade Mark is a company’s persona and identity in the marketplace” said Kalyan C. Kankanala in his book Fundamentals of Intellectual Property.

This simple sentence is a perfect resume of the essence of a trademark and its importance in the development of a company.

As a company grows, it can be useful to extend it worldwide.

However, you must know a few important rules before you start doing it. Trademark legislation is different in each country, even if there are similarities.

The U.S. Trademark filling procedure is quite specific in this area and foreign domiciled trademark applicants must follow the rules carefully if they want to successfully register their mark. Everyday, dozens of applications are denied by the US Patent and Trademark Office and very often for simple mistakes that could have been avoided very easily.

The best example is the obligation to be represented by a U.S. attorney.

The U.S. Trademark Registration service is very clear on the subject: “For foreign trademark applicants, it is necessary to perform trademark prosecution in the U.S. through a registered trademark attorney of the United States.”

In other words, only an active member of one of the U.S. bars can accompany a foreign- domiciled applicant in a trademark application, registration, or TTAB proceeding at the U.S.P.T.O (United States Patent and Trademark Office). 

Only such attorneys are fully aware of the U.S. law and can give you accurate information and legal advice.

Therefore, it is important to turn to an experimented team of U.S. legal experts to assist you in Trademark matters.

Capucine D.