As Latin American beverage and consumer product companies look to expand their reach into the U.S. market, one of the most crucial steps to ensure business success is clearing and securing trademark rights. When entering the US market, most companies want to use the same brands, to take advantage of the brand’s recognition in the US among the Hispanic community already familiar with it. However, registered trademark rights are national in scope, and so it is critical to check for conflicting marks in the US and if conflicts are found, to consider alternatives or risks in proceeding. This is doubly important in the United States because US trademark rights are based primarily on actual use in commerce, so a search of the register may not uncover existing relevant marks.
Consequently, companies entering the US need to think carefully about how to pursue trademark registration in the new US market. In the US, registration of trademark rights is critical to establish nationwide rights, procedural advantages in court, and presumption of validity. Few legal investments are as valuable.
The Critical Importance of Trademark Registration in the U.S.
In the competitive world of beverages and consumer products, trademark protection is essential to prevent unauthorized use of brand names, logos, and other intellectual property that are confusingly similar. In particular, the U.S. market, with its vast consumer base, can easily surface unexpected potential trademark disputes. This risk of unexpected confusion is magnified by a principle of US trademark law which treats non-English trademarks as confusingly similar to existing trademarks that have the same meaning in English.
Without securing a trademark in the U.S., foreign companies may lose control over their brand or lost sales to competitors who may register similar names. Trademark rights in the US ultimately depend on good faith use in commerce, including international trade, and having priority of use. In the US, trademark applications can be filed based on actual use, intent to use, and existing foreign trademark registrations and applications.
There are many benefits to trademark registration for companies entering the US:
Trademarks are listed in the U.S. Patent and Trademark Office’s database of registered and pending trademarks. This provides public notice to anyone searching for similar trademarks. They will see your trademark, the goods and services on your registration, the date you applied for trademark registration, and the date your trademark registered.
A legal presumption that you own the trademark and have the right to use it. So, in federal court, your registration certificate proves ownership, eliminating the need for copious amounts of evidence.
Automatic right to bring a lawsuit concerning the trademark in federal court.
The right to use the federal trademark registration symbol, ®, with your trademark to show that you are registered. This may help deter others from using your trademark or one too similar to yours.
If the trademark is owned by a US subsidiary, you can tecord your registration with U.S. Customs and Border Protection (CBP). They can stop the importation of goods with an infringing trademark.
Experienced Counsel
We understand the complexities of trademark law and the unique challenges that Latin American companies face when expanding into the U.S. market. Our strategy is focused on making the trademark registration process as efficient and cost-effective as possible, without sacrificing quality or results.
Leveraging Advanced Technologies for Trademark Searches
We utilize the latest technologies and software platforms to conduct thorough, accurate, and inexpensive trademark searches. By using cutting-edge search tools, we can quickly identify potential conflicts with existing U.S. trademarks and easily search and clear alternative marks if necessary. This saves you time, money, and resources, while reducing the risk of future legal disputes.
Tailored Legal Advice for Foreign Companies
U.S. trademark law can be confusing, particularly for companies based outside the country. Our team provides tailored legal counsel, helping Latin American businesses understand the nuances of U.S. intellectual property law, from trademark registration to enforcement. Whether you are just starting to build your brand or are already established in the U.S., we help navigate the process with efficiency and clarity.
Cross-jurisdictional Oversight and Coordination
Through careful coordination with our partners and legal colleagues across borders, we can help clients with all the related legal issues arising in launching a product in the US. These can include tax, corporate, employment and licensing issues.
Proactive Brand Protection
Trademark registration is just the first step in protecting your brand. We go beyond registration, offering ongoing monitoring and enforcement services to prevent infringement. This proactive approach ensures that your brand remains safe and protected as you grow and expand in the U.S.
Why Act Now?
The U.S. market is a competitive and lucrative opportunity for Latin American beverage and consumer product companies. The earlier you begin the trademark search and registration process, the more likely you are to avoid costly disputes and to safeguard your intellectual property for the long term.
Carter Ledyard is dedicated to helping Latin American businesses navigate the trademark registration process quickly and cost-effectively, using the latest tools to maximize your chances of success. Contact us today to discuss how we can help you protect your brand and succeed in the U.S. marketplace.