Greetings. I’m trademark attorney Josh Gerben, and I would like to talk about: Can you file a US trademark application even if you are not currently located in the United States? The answer is yes.
Anybody, anywhere in the world can file a US trademark application. The key is: Can that US trademark application mature to a registration?
So let’s say you live in Canada or you live in the UK or you live in France and you want to file a US trademark application. The key is going to be: Are you actually offering goods or services to US based consumers? If you are not offering goods or services at the time we file your trademark application here in the United States, then you will have to come back within a year and prove that those goods and services are actually being sold to US based consumers. If you cannot prove that, we can start to file extensions, but we can only do that for up to a couple of years.
The other way around this is that if you actually have a registration of your trademark in the foreign country, let’s say you have a registration in the UK or you have a registration in Canada, we can base the US registration on your foreign trademark. So when we do that, we actually get you a five year period where you do not have to prove that there are any sales of the goods or services occurring in the US. Essentially what you can do is ensure that the name is protected here as you’re working to bring your products or services to the United States.
So again, just to summarize, if you are not based in the United States of America, I can help you file a trademark and obtain a US trademark registration regardless of your current location. The main consideration you need to make is whether or not you’re ultimately going to sell your goods and services to US based consumers. If you’re not, then it’s probably not worth to file the US trademark. But if you are, then you certainly can file the application and obtain rights in the United States.