Requirements of Foreign Applicants (Trademark) Law and Legal Definition

When a trademark has already been registered in a foreign country or an application has been filed in a foreign country, then use of the trademark in the U.S. is not a requirement of registration on the Supplemental Register. However, the U.S. application for registration should be filed within six months of the foreign filing. Use of the mark in the U.S. is required in order to receive the benefits of registration on the Principal Register. Foreign applicants who rely on their foreign application as a basis for registration on the Supplemental Register do not need specimens. They also need not provide the dates of first use or specify the manner of affixing the mark to the goods. However, such applicants must specify their priority date in the heading of the application. Foreign applicants must provide the name of a domestic representative on whom notices of process can be served regarding the application.