MARKET ENTRY Second Step for Exporting to the U.S. – Registering a Trademark Irish companies who are planning to export to the U.S. must consider registering a U.S. trademark in their export strategy. What is a trademark? A trademark is generally a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A registered trademark is also an asset which can be sold or licensed. Why register a trademark? By registering a trademark, you attain an exclusive right to use the trade mark in association with the goods and/or services for which it is registered, and makes it easier to prevent others from using your trade mark without your permission.
US Trademark Registration Do I need to register an Irish trademark first? Companies should file for their Irish trademark through the Intellectual Property Office of Ireland before filing for U.S. protection. In the U.S., trademark must be “in use in commerce” to be registered unless there is a registration in another country for the same trademark. Therefore, if you own an Irish registration, the U.S. trademark can be registered prior to any actual “use in commerce” of your trademark in the United States. Then, once your U.S. trademark is registered, you would have five years to begin offering your product or service within the United States.
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Two routes to US Trademark Registration 1. National Registration – Registering a trademark specifically for the U.S. through the United States Patent and Trademark Office. If the U.S. is your only target country, National Registration is the best strategy. 2. International Registration – Allows companies to register trade marks in multiple countries through a single application through the World Intellectual Property Office. With an international registration, you can begin by selecting to register in the U.S., and thereafter you can constantly add on protection in different countries as you grow. If you plan on targeting multiple countries for export, including the U.S., international registration is the best route to go. How long does it take? Usually, the process takes 10 to 18 months. When am I protected? Although the entire trademark registration process may take over a year to complete, a trademark applicant attains trademark protection from the moment that the application is filed.
