Do I need to run my business in the selected country to register a trademark there?

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Written by Tomas Orsula

Senior Trademark Attorney

No, in most jurisdictions. Commercial activity in the target country is not a prerequisite for filing a trademark application. Applications can be made on the basis of intended future use.

The US requires either current use in US commerce or an intent-to-use declaration, with actual US commercial use required before the registration can be completed. In other jurisdictions, the application must be made in good faith with a genuine intention to use the mark commercially, but active trading is not required at the time of filing.

A trademark that is registered but never used can be vulnerable to non-use cancellation after five years in most jurisdictions.

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