Is Federal Trademark Registration Valid Outside the United States?

An Intellectual Property FAQ with Mark A. Williams.

If you obtain a federal trademark within the United States with the United States Patent and Trademark Office, it will apply to anybody that wants to do business within the United States. So a foreign company that wants to come to your state or to the U.S. and do business, yes, it applies to them.

What it doesn’t do is it doesn’t stop people in another country from using your trademark. If you do business outside of the United States or if you do business on the internet with people in foreign countries, you really have to consider whether you need to obtain a trademark in those countries, or whether you have to seek what is called Madrid Protocol protection, which is something akin to a treaty between several different countries that will extend your U.S. trademark protection to those countries.

© 2014 Parsonage Vandenack Williams LLC

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