Q: Can an Australian brand (No Presence in USA) cancel a Canadian brand's trademark in the US?
I have searched USPTO and google for "Selfie Skin" and no company has trademarked this in the US and also no American brand is using that mark. However, this company in Australia has been using that mark for a few years. Their product is a Laser Hair Removal. Our niche is in face mask and selfcare.
They have retail presence in Australia but no presence in North America. That being said, they may have sold to US customers who have visited their website.
I understand we need to get a lawyer to do a comprehensive search done, and we will do that for sure. However, based on this info alone and if there is no other conflict in the US, would USPTO consider that Australian brand and based on that reject our trademark request?
if we get it trademarked in the US & launch the brand, would they have a strong case against us if they choose to sue us in future or try to cancel our Trademark?
Our HQ is in Canada but our inventory is in the US and we only sell to the US market
A: Hi! Are they registered in the US? Otherwise they probably can't stop you. I commend you for getting a comprehensive search done!
You're in a similar boat many clients find themselves in due to the nature of online business and sales, but that doesn't mean you're out of luck.
100% second the idea of consulting with an attorney who can give you more specific advice and opinions.
Many attorneys like myself offer free initial consults and I've never heard of an attorney who bites!
Wish you the best of success moving forward.
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