united-states intellectual-property trademark
US Jurisdiction, can a foreigner register a trademark in the US?
<p>Pretty much self-explanatory.</p>
<p>I am not an American, I live outside the US and, so far, my only relationship with the US is going there for holidays from time to time.</p>
<p>I have a software product with a specific name which is trademarked in my country.</p>
<p>I have a lot of clients from the US (but I do not have a business presence there), so I would like to claim ownership of my trademark there as well.</p>
<p>I know part of the answer is &quot;hire an attorney that specializes on IP to do this for you&quot;, which I will at some point; but broadly speaking, I would like to know first if this is possible and under what conditions (if any). Also, if you could also throw in a ballpark estimate of how much does this cost, that'd be awesome.</p>
<p>Thanks!</p>

<h2>Yes</h2>
<p><a href="https://www.law.cornell.edu/uscode/text/15/1051" rel="nofollow noreferrer">15 USC 1501</a>, which is part of the Lanham Act, the basic US trademark law, provides  in subsection (a)(2) that:</p>
<blockquote>
<p>(2) The application [for registration of a trademark] shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.</p>
</blockquote>
<p>This clearly implies that the applicant may have a citizenship other than US, or else ther ewould be nbo point in specifying the citizenship in the application.</p>
<p>subsection (e) of the same section provides, in relevant part:</p>
<blockquote>
<p>If the applicant is not domiciled in the United States the applicant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark.</p>
</blockquote>
<p>This makes it cleat that an applicant need not be resident in the US.,</p>
<p><a href="https://www.law.cornell.edu/uscode/text/15/1141a" rel="nofollow noreferrer">15 USC 1141a</a> provides that:</p>
<blockquote>
<p>(a) In general</p>
<p>The owner of a basic application pending before the United States Patent and Trademark Office, or the owner of a basic registration granted by the United States Patent and Trademark Office may file an international application by submitting to the United States Patent and Trademark Office a written application in such form, together with such fees, as may be prescribed by the Director.</p>
<p>(b) Qualified owners: A qualified owner, under subsection (a), shall—<br />
(b)(1) be a national of the United States;<br />
(b)(2) be domiciled in the United States; or<br />
(b)(3) have a real and effective industrial or      commercial establishment in the United States.</p>
</blockquote>
<p>1141a (b2) and (b)(3) make it clear that an applicant need not be a national (citizen) of the US.</p>
<p>The USPTO's page <a href="https://www.uspto.gov/learning-and-resources/trademark-faqs#type-general_1949" rel="nofollow noreferrer">&quot;Trademark FAQs&quot;</a> lists under the heading &quot;<strong>General - Trademark Help - Getting Started - Other</strong>&quot; the following Q&amp;A:</p>
<blockquote>
<p>Must I be a U.S. citizen to obtain a federal registration?</p>
<p>No. However, your citizenship must be provided in the application. If you have dual citizenship, then you must indicate which citizenship will be printed on the certificate of registration.</p>
</blockquote>

<h2>Yes</h2>
<p>Foreigners can own assets in the USA.</p>
