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USA Trademark Required? (Canadian Company Selling To US Market)

GetShitDone

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I own a Canadian company (Digital Marketing Agency) that sells primarily to the US market.

Should I get a trademark for my business name in the US? (Or any form of legal protection)

If so, what's the process?

I don't want to run into a problem in the future where someone steals my name in the US while I sell to the US market.

Thanks.
 
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Kid

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Good place to start is United States Patent and Trademark Office and read up.

You can register Copyrights there via net from wherever in the world you are so probably same is for trademarks.

From what I remember you'll need to choose classifications of your product to be protected under.
And decide on protecting image (aka logo) words or both.

Good luck.
 

c4n

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You'll need to hire a trademark attorney.

It used to be "do it yourself" but the USPTO changed the rules so now all non-US fillings must be made via a US-registered attorney.
 

Lucky Lu

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I own a Canadian company (Digital Marketing Agency) that sells primarily to the US market.

Should I get a trademark for my business name in the US? (Or any form of legal protection)

If so, what's the process?

I don't want to run into a problem in the future where someone steals my name in the US while I sell to the US market.

Thanks.
Let me know if you need any help or have questions after you check the USPTO website. If you need to file, I am willing to help you for free of course, I have received so many from this forum that it feels good to give back.
 
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GetShitDone

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Let me know if you need any help or have questions after you check the USPTO website. If you need to file, I am willing to help you for free of course, I have received so many from this forum that it feels good to give back.

Thanks Lucky. I really appreciate that.

I will DM you as soon as I read through everything.

How long is the process typically?

You'll need to hire a trademark attorney.

It used to be "do it yourself" but the USPTO changed the rules so now all non-US fillings must be made via a US-registered attorney.

Good place to start is United States Patent and Trademark Office and read up.

You can register Copyrights there via net from wherever in the world you are so probably same is for trademarks.

From what I remember you'll need to choose classifications of your product to be protected under.
And decide on protecting image (aka logo) words or both.

Good luck.

Thanks for the advice guys. I was originally debating how necessary a trademark really is before you scale, but the thought of someone trademarking my name when my biz is at scale isn't fun.
 

Lucky Lu

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Thanks Lucky. I really appreciate that.

I will DM you as soon as I read through everything.

How long is the process typically?





Thanks for the advice guys. I was originally debating how necessary a trademark really is before you scale, but the thought of someone trademarking my name when my biz is at scale isn't fun.

In reality it would take them around 4 months in order to assign an examiner and get the application stated as correctly filed if you don´t have to correct any error and there is no previous similar filing. After that the challenging or opposition time initiates. It would take between 9 to 12 more months in order for the trademark to be granted.
In any way, you are protected since the day of the filing, since no one can file a similar brand without the USPTO raising an objection regarding an older filing with confusion potential.

After the moment you initially file, you can use the letters TM after the brand. After it is finally granted you can use the "r" inside a circle. ®

Hope that helps, if your address is outside the US and your business has no address in the US, you need a licensed attorney to do it.
 

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