Are You a non-US Company Seeking to Enter the US Market? -- Consider a US Trademark

In general, a company owner must be the first to use the trademark in commerce in association with particular goods/services. However, non-US companies that already own a foreign trademark registration may apply for US trademark registration without having to assert actual use of the mark prior to registration in the United States. However, to retain a valid registration, the trademark owner must file an affidavit or declaration of use of the mark in commerce on or after the fifth anniversary and no later than the sixth anniversary of the date of registration.

In effect, this allows foreign companies to obtain exclusive branding for the US while still working on practicalities of entering the US market and developing the appropriate sales channels and strategies.

It is important to note that applicants with a principal place of business outside the US will require a US attorney to respond to office actions from the US Patent and Trademark Office during examination of the trademark application. However, filing an application through the Madrid Protocol may exempt foreign applicants from using a US attorney, unless amendments are required to conform to US practice when nationalizing the international application filed under the Madrid Protocol in the US.