Discover how trademark, patent, and software law can help small business, entrepreneurs, and inventors. Check my blog for questions and answers.

Can a Canadian company recieve a US trademark?

If my company does some business in the US, but is located in Canada, can we secure a US trademark for out company name? (already have the Canadian one)

~ Victoria, BC, Canada

Alternately, if you do business in many countries, you may wish to file in the US using the Madrid protocol. Canada does not participate in this particular treaty, but, there can be advantages to filing for a European Community trademark and then using this trademark as the basis for a madrid protocol application in the US.

Finally, if your Canadian application was filed less than side months ago, your US trademark application may be able to claim priority to the Canadian trademark application (and receive the benefit of the earlier filing date).

Good luck with your international trademark applications.

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