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With the rise of the internet and globalization, otherwise country-bound companies are increasingly willing and able to expand in foreign markets and build businesses that are truly international. Of course, the cornerstone to any company’s success is its branding. It goes without saying that Ferrari manufacturers a great car but it is the iconic name that attracts so much attention and warrants its prices. Ferrari then, is more than a company but an idea – the company’s name, or trademark, is what sets the tone for its entire business model and allows the company to continue its expansionist success. In this article, we will consider the steps a European company must take to protect its brand name vis-à-vis trademark law as it enters the US Market.
File a Trademark With the EU
A trademark is any sort of marketing device that when paired with the sale of a good or service, identifies to the consumer the source-company of the good/service. So, when a consumer sees a six-cornered white star on the top of a pen cap, he/she will immediately understand that the Pen was created by the MontBlanc company because the star serves as the company’s trademark. In order for a European company with the objective of selling its products in the United States under a protectable brand name, or trademark, it must first obtain trademark protection in the European Union. In order to file a European Union Trademark, the Applicant may simply proceed to the European Union Intellectual property Office (EUIPO) website and fill out the application. To do this, the applicant will need to identify the trademark (name, logo, slogan), designate two languages associated with the trademark, assign specific goods/services to the trademark, assign an international class/es which will cover the designated goods/services, submit the applicant’s administrative information (company name, address etc.) and pay the government filing fee, which should be around 850.00 euros.
File a Trademark With the USPTO Within 6 months of the EU Trademark Application
Once the EU applicant has submitted the trademark application to the EUIPO, it is critical that this applicant files a trademark application with the United States Patent and Trademark Office (USPTO) within six months of the filing date of the EU application. The six-month period is crucial because it will allow the EU applicant to file a priority-date,US application based on the date filed in the EU. Furthermore, if the EU trademark manages to obtain a registration prior to filing the US application, the USPTO will grant a registered trademark on the basis of the EU, foreign registration.
Enforce Your Trademark Rights in the United States
Perhaps the most important part of the trademark process, from the USPTO’s perspective, is the Use part of the trademark application. Remember, in the United States, the holder of a trademark must actually Use the trademark in conjunction with the sale of a good or service. Therefore, it is not enough for the EU company to successfully file a trademark with the USPTO – that trademark must be put to use and if it is not, the EU company runs the risk of abandoning the trademark. Similarly, the USPTO wants to ensure that a trademark remains distinct and proprietary to the company which owns it. It is incumbent on the holder of the trademark to continually monitor both the status of the trademark and its potential illegitimate use by other competing companies. If it becomes apparent that other companies are using the trademark or a sufficiently similar version of the mark (along with a similar set of goods/services) the EU company must take at least a minimum amount of action to enforce its rights against the infringer.
