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Question: Can you use a business name that’s already in use in another country?

I am getting ready to trademark my business name however, I just found out that there’s a company in the Philippines with the same name. It’s not a huge company, and they don’t sell to the US however they do import all their stuff from here. Could there potentially be a problem with trademarking?

Answer: Trademark rights are based on a country-by-country basis. Rights in one country do not mean the owner has rights in another country.

You should check the trademark office database to see if there might be a conflict. But that database is just a starting point. http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4002:t3rc8b.1.1

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