The Top 10 Mistakes of Foreign Applicants in U.S. Trademark Registration Practice and How to Avoid Them

This article, by Finnegan partner Brett Heavner and Marcus Luepke, explores the difficulties that foreign trademark applicants face when adopting an effective approach to U.S. trademark protection. The article states that U.S. trademark law is fundamentally based on common law and therefore differs considerably from the trademark laws in Germany and other countries. These difficulties translate into pitfalls for foreign trademark applicants which Heavner and Luepke present the reader with practical solutions for, avoiding ten of the most common pitfalls, listed in the order in which they usually occur during the U.S. registration process. The authors advise that by understanding the fundamental differences of U.S. trademark law and practice, one can avoid costly and time consuming mistakes.