Non-US Trademark Owners Should Consider Protecting Trademarks in the US Even if There Is No Current US Use

摘要

A recent trademark law decision by an influential US appellate court indicates that trademark owners whose marks are neither used nor registered in the United States are unlikely to be able to protect their marks from usurpation in the United States by unrelated users, even if a mark is well known among the relevant class of US consumers. This situation could lead to consumer confusion, damage to a trademark's goodwill, and the inability to use the mark in the United States when expansion here becomes desirable. Accordingly, non-US trademark owners who foresee eventual expansion to the United States or want to protect the reputation of their trademarks among US consumers who may purchase goods and services in other countries until US use commences would be wise to consider trademark registrations in the United States now.