Important Considerations For Canadians Filing U.S. Trademark Applications

The trademark application process in the United States is similar to the process in Canada, but there are some notable differences and important considerations to be mindful of to ensure you can successfully and cost-effectively obtain and maintain a U.S. trademark registration. We outline below a few of those important considerations for U.S. trademark applications, including in circumstances where the applicant has a Canadian registration or a co-pending Canadian application.

1. "USE" OF THE TRADEMARK

In the United States, a trademark applicant has to show "use" of their trademark in commerce in the United States at some point prior to registration in order to obtain and maintain the registration. "Use" of a trademark is a technical term, and how you demonstrate "use" appropriately for the USPTO will depend on whether your trademark application includes goods or services.