A Board Certified Patent Attorney
January 15, 2003
Posted By John Rizvi

Foreign Applicant Filing for Registration with the United States Patent & Trademark Office

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There are several basis for foreign applicants filing registrations with the United States Patent & Trademark Office.

This process is acceptable if there is use in interstate commerce or commerce between the United States and a foreign country.

Another situation is when there is a bona fide or good faith intention to sue the mark in interstate commerce or commerce between the United States and a foreign country

Still another example of where this would come into play is when there is ownership of an application filed in a foreign country (as long as it takes place within six months of the date to file a foreign application).

When there is ownership of a foreign registration (with a copy) then this practice is acceptable as well.

A final basis would be the extension of protection of an international registration to the United States under the Madrid Protocol, as discussed in the Trademark Act.

You would be wise to consult with a Florida trademark lawyer first, before undertaking any trademark matters.

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