Pash Zahid (Design Engineer) 20 April 2015

Filing a trademark in usa from india

Hi,

I have filed for a Trademark in India back in May 2014. Now I will like to extend my Trademark in USA and Canada based on Intension to Use within the next 2 years.

Please advice if I am eligible, as I read somewhere according to Madrid Protocol I have to process a Priority application for Trademark within 6 months of filing in the Country of Origin. Else I may have to wait until I get the Trademark Registered here in India to apply in USA, within filing basis of 44(d) or 44(e).

Please advice!

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4 Replies

Adv k . mahesh (advocate) 20 April 2015

as per IP act once 6 months passed and if not registered you have to wait till it is registered

Pash Zahid (Design Engineer) 20 April 2015

I have Filed for Trademark in 3 different classes in India. I am going to file for another Class in India soon. Can I apply for Trademark in USA based of the latest filing date, or it only counts the First filing date?

Secondly what other option do I have as a non-US citizen or resident on the basis of section 1(a) and 1(b)?

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer) 01 June 2015

Yes, you can do so.

Shweta Bharti (--) 25 May 2026

Hello, Inquirer.

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