How is the US trademark system different and how can a foreign applicant protect their name?

Filing trademarks in the United States as a foreign entity can present several concerns and pitfalls that differ from domestic trademark systems. The U.S. trademark system shares some similarities with other countries' systems, but also has distinct differences. We highlight the differences and also discuss the Madrid Protocol which can provide a streamlines way of filing in the US.

Why does the First to File get the Protection?

Once an application or a registration is in the Trademark Registry, the trademark is used to bar other, subsequent applications from registration in the USPTO. This means that, once filed, your trademark gains the benefit of that earlier filing date to "overcome" other, later trademarks that attempt to register. A trademark application can be challenged if a subsequent filer started using the mark previously. However, that is a big process and would take place during opposition, not through Examination.