Sometimes international legal issues are complicated. Today’s blog topic has a relatively simple answer, though the actual process of registering a foreign trademark is not necessarily simple.
The bottom line is, yes, a New Jersey LLC can register foreign trademarks in the United States. To do so, the LLC must file an application with the United States Patent and Trademark Office (USPTO). The process involves selecting a filing basis, which can be either an existing foreign trademark registration or the LLC’s current or intended use of the mark in U.S. commerce. If the LLC has a foreign trademark registration, it can use that as a basis for its U.S. application. Otherwise, it can file based on actual use or intent to use the mark in the U.S.
Take notice that as of August 2019, any foreign entity applying for a U.S. trademark must be represented by a U.S. licensed attorney. It is also advisable to conduct a thorough trademark search before filing to ensure the mark is unique and available.
To discuss your NJ business/corporate matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Business/Corporate Attorney