PROOF OF USE PROGRAMS AT THE UNITED STATES PATENT AND TRADEMARK OFFICE AND THE RELATION TO FOREIGN-BASED TRADEMARK REGISTRATIONS

In recent years, the United States Patent and Trademark Office (“USPTO”) has initiated programs related to the trademark registration process that are worthy of note to foreign business owners with a current or future presence in the US market. These programs are aimed at combatting the systematic problems inherent in a common law use based trademark jurisdiction, particularly when contrasted with civil law jurisdictions with no use requirements. The differences between US and foreign trademark practice easily lends itself to confusion and misunderstanding. This article, first published by Euromoney in its Experts Guide series on May 22, 2018, explains these two programs and discusses the best ways to avoid issues under them with the USPTO.