What is the law regarding trademarking a product design in Canada that has already been trademarked by another company in the US?

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What is the law regarding trademarking a product design in Canada that has already been trademarked by another company in the US?

There is a company that has a specific design aspect for a product trademarked in the US but not in Canada. They do sell this product in Canada. Can I trademark this same design in Canada and, if I can, what will be the consequences to the US company?

Asked on August 19, 2012 under Business Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Trademarks in the United States are protected under state and federal law registration.Different countried have different laws with respect to trademarks and honoring a trademark registered in another country or another country's state. Such is the case between Canada and the United States.  If you are planning on registering a trademark in Canada that is registered in the United States, you most likely will be subject to a trademark infringement action at some point in time.


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