Can I get American trademark if I am not US Citizen?

There are certainly many questions that come into your mind when you are planning to register your trademark. One of the questions can be: can I get an American trademark if I am not a US citizen? Let’s discuss this query in detail.

If you are an administrator or owner from outside the U.S. but you are managing the business there or preparing to work then you compete with the U.S. companies. Therefore, you should register your trademark as well as your design, logo, or slogan or you are using in the U.S.

The first step will be registering the trademark in the US to grant you protection from having third parties trying to register and have ownership of the name. But, as a foreigner, you will probably be thinking whether you or your company can obtain the trademark without having to create a U.S. company.

First, let’s understand what a trademark is.

What is an American trademark?

A trademark is a type of intellectual property in that a unique symbol or word(s) is used to describe a business or its products. Once registered, that same symbol or those words cannot be done by any other business as long as it continues in use and proper paperwork and fees are paid.

Other intellectual properties like patents that are granted for 20 years, trademarks never end. Organizations do need to apply for them and receive ownership confirmation with the U.S. Patent and Trademark Office (USPTO) to claim protection from copycats.

Over some time, trademarks become synonymous with a company name so that you don’t even need to see the name to recognize a particular organization. For example, If you see the apple shape with the bite taken out that Apple uses as its logo, the golden arches McDonald’s registered decades ago, or the swoosh logo that Nike highlights on all of its products.

The fact that we simply associate symbols and words with companies and their brands is one of the biggest advantages of their use. When a customer sees a familiar logo or phrase, they have instant recognition which can drive preference and hence sales and profits.

Read more: Amendments To Canadian Trademark Law

Signs of an American trademark

To indicate that a trademark has been claimed organizations use one of the three symbols:

• ™ – Using the trademark symbol after a logo or phrase shows competitors that you have claimed this symbol or phrase as your own. In this, even you don’t have to formally apply for it.
• ® -. It stands for a registered trademark. Only trademarks that have been officially given by the Trademark office can use this ® symbol.
• ℠ – Companies that sell services and not products have the option to use the service mark logo but most use the ™ instead for SM.

Things Can Be Registered as an American trademark

You can obtain a trademark in many of the things that you use to differentiate your business from other businesses. You might have a trademark for:

• The business name
• A product name
• logo or label
• A symbol or design
• A sound
• A product package

Benefits of Trademark Registration

Exclusive Identification

Trademark registration USA will build a brand name in the market. Consumers and audiences can easily identify the product and services provided by the business. This helped to build a market reputation or goodwill and thus, becomes the face of the business entity. It ensures the sole ownership of a particular logo, name symbol, etc. such that it is not misused.

Exclusive Rights

The right to exclusively use it in respect of the product and services offered by the business entity. This will help to protect the goods and services and their use.

Legal Protection

The infringement of the existing trademark can be sued by the owner once the trademark is registered. Thus, it gives legal protection in the following scenarios:

• Before any trader creates their trademark
• Evades chances of infringement as in the method one may get a trademark by Trademark Database or Trademark Registry.
• In cases when a business or organization tries to register the same brand name as existing in the Trademark Registry. It will be objectionable to the Trademark’s Office.
• One can receive the right to claim under certain conditions in case of infringement.

Goodwill

Serving quality goods and services under a registered trademark builds up an image of the organization in the marketplace. It also shows that the business cares about the brand building and this passes on positive vibes about the brand to the customers or the public.

Global Permits

Trademark registration helps the domestic business owners in getting exposed to the global market through the International Trademark System. It is necessary to note that even Non-Resident Indians and foreigners are eligible to register a trademark in India. Also, Indians can register their trademarks worldwide.

Protection from Infringement Claims

One can be sure of the infringement claims once the trademark is registered. This means if the trademark is recorded, one may need proper legal proof to defend a trademark publically.

The value in the Market

A trademark standardizes the goods and services provided by the business in the market. This builds up the value of the brand in such a way that it is easy for a potential customer to spot the company or brand in the market.

Hypothecation or Security

A registered trademark can be used for security to secure loans. For this, it is pledged in a similar way like an immovable property is bonded.

Thus we see how the trademarks are necessary for the business and how it is important to get a trademark register.

Read more about; Trademark Benefits

Can I Get An American Trademark If I Am Not U.S. Citizen?

The answer is yes. The U.S passed legislation that addresses this problem. Under the Lanham Act § 42, 15 U.S.C.A. § 1124 your business or any other listed thing can be registered as an American trademark if your country has an agreement with the U.S. for reciprocal protection.

It must either be in use inside the territory of the United States or registered abroad to register your trademark in the US. you need to provide at the moment of filing the use of your trademark in the US market If the trademark being applied for, has effectively been used in commerce inside the US. If your trademark has yet been used then you must proceed with the filing based on intent to use as any other American applicant.

If the registration has been previously done in your country of origin then the registration in the US will be much easier because you will be able to apply without proving the use of your trademark in the U.S. and It will be enough to show the trademark certificate.

Can The Madrid System Help in Obtaining An American Trademark?

Adherence to the convention or the protocol includes membership of the Madrid Union and As of March 2018, there are 100 members.

It is an easy and cost-effective solution for registering and managing trademarks worldwide. File a single application and pay one set of fees to register for protection in up to 116 countries, and the USA is also included. If you live in any of these 116 countries then you can quickly get an American trademark through this system.

Although other countries are likely to adhere to the Treaty soon. Some important markets are not in the system even though it covers a good 80% of the world trade market, like Hong Kong, Canada, most of South America, etc.

It is a very convenient process of obtaining an American trademark. You just have to file one application in one language and any power of attorney is required.

The system also has a “subsequent designation” allowance. This means that you can expand your trademark registration to other member countries after filing. In other words, if you file for an American trademark then you can gradually expand to China or Australia if needed. So simple answer to this question “Do I get an American trademark in case I am not a US citizen?” is yes, you can consider them and also take professional help to get your American trademark.