USA Registration Based on Foreign Registration
< 1 min read
If you own a trademark registration in a country outside the USA and file a USA application for the same mark (trademark and goods/services are the same), you may be able use your non-USA registration as a basis for registration in the USA (thus avoiding the initial requirement to either have actual use in US commerce or file based on your intent to use mark). This is called alleging a 44(e) filing basis.
If your trademark is not identical or the goods/services covered by your foreign registration do not encompass the goods/services you are applying for in the USA, then you would not be able to allege a 44(e) filing basis.
Not all foreign registrations qualify, so it’s important to discuss your particular facts with an attorney.
