QUESTION
Can I apply for a trademark for my business even if I only sell internationally at the moment?
Asked on Jan 25th, 2013 on Business Law - Maine
More details to this question:
I am planning on starting an online retail business that will only sell to consumers outside of the US, namely Brazil. My website will have a .com.br address extension so it will not show up on US search engines - only brazilian engines. Can I still apply for a trademark for my business name even though I will only be selling to international customers. After all I am still based in the US and all my operations will be conducted here. I don't think I will have a problem applying for a trademark I just want to make sure. I would imagine there must be many other US businesses that sell solely to international customers as well. I may want to sell to US customers in the future so I want to trademark the name before anyone else does.
1 ANSWER
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A trademark is something that you have, not something that you apply for. You can apply to register a tradmeark that you already have. Trademarks, in general, are acquired through use. That is, in the most common circumstance, you will apply to register the mark that you are already using.
A U.S. federal trademark registration may be obtained based on use "in commerce." Commerce includes, for purposes of the Trademark Act, international commerce.
Answered on Jan 26th, 2013 at 4:10 PM