KNOWLEDGE BASE International Trademark In The US
The information on this page was current at the time it was published. Regulations, trends, statistics, and other information are constantly changing. While we strive to update our Knowledge Base, we strongly suggest you use these pages as a general guide and be sure to verify any regulations, statistics, guidelines, or other information that are important to your efforts.
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 to collaborate with more partners and to 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 out 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.
What law or regulations apply?
Trademark law in the United States is governed by the Trademarks Act of 1946 and the Rules of Practice set out in the Code of Federal Regulations at 37 C.F.R. Part 2.
Although you are not required to file your trademark application through an attorney, you may wish to hire an attorney. Because every company has different needs and because the trademark process can be complex and lengthy, we recommend that you speak with an attorney about the scope of your rights. An attorney may be able to help you choose a registrable trademark, conduct a trademark search, and through the application process.
What are the risks of noncompliance?
In the event of unauthorized use of your trademark (or if you use another’s trademark without authorization) you can file 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.
The USPTO only registers trademarks. You, as the trademark owner, are solely responsible for enforcement of your trademark.
If you (or another trademark owner) are able to prove trademark infringement, available remedies may include the following:
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a court order (injunction) that the defendant stop using the mark;
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an order requiring the destruction or forfeiture of infringing goods;
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monetary relief, including defendant's profits, any damages you sustained, and the costs of the action; and
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an order that the defendant, in certain cases, pay your attorneys' fees.
Trademarks Act of 1946, 15 U.S.C. § 22
37 C.F.R. Part 2—Rules of Practice
United States Patent and Trademark Office
United States Patent and Trademark Office: US Trademark Law Rules of Practice and Federal Statutes
USPTO: Basic Facts About Trademarks
World Intellectual Property Office
Office for Harmonization in the Internal Market
KNOWLEDGE BASE International Trademark In The US