Protecting Trademarks Abroad: Considerations and Hazards for Brand Owners

On Dec 1, 2025

By Neha Bhalani and Paula Brueckner

It often surprises brand owners when they expand outside of the U.S. and discover that their trademark rights do not automatically travel with them. Many companies end up doing business internationally—selling to overseas customers, manufacturing abroad, or working with foreign vendors—sometimes without realizing the risks to their brand. Especially with today’s shifting tariff landscape, companies may find themselves unexpectedly exploring new markets or manufacturers.

Amid all of the other stresses of running a business, imagine discovering you cannot use your company’s name, logo, or slogan in another country, or worse, having your goods seized at customs or being sued for trademark infringement overseas – all because you do not have valid trademark rights. After investing so much into building a brand, that’s a tough blow. To avoid these pitfalls, below are some practical steps for protecting your trademarks globally:

• Identify territories where you already do business, plan to do business, and where you are most likely to be knocked off or copied.
• Conduct trademark clearance searches to confirm that your mark is available for registration in the markets of interest that you identified.
• Understand which territories are “first-to-use” (prior rights will belong to whoever uses the mark first) and which are “first-to-file” (prior rights will belong to whoever files first, even without use).
• Secure your trademark rights in the U.S. and abroad. Know what types of applications to file, understand local requirements, and keep track of deadlines for claiming priority in foreign countries.
• Review contracts with overseas manufacturers or vendors, especially regarding trademark ownership, usage, and licensing.

It is important to work with an experienced trademark attorney who knows the intricacies of U.S. and foreign trademark laws, as they can help strategize on the expansion of your global trademark portfolio as you grow internationally.

For more information regarding trademark protection, please contact Neha Bhalani or Paula Brueckner at CSG Law.

Neha Bhalani, Practice Group Leader of CSG Law’s Trademarks & Copyrights Group, has more than a decade of experience advising clients on all aspects of trademark and copyright matters related to brand assets, creative and artistic works, and publicity rights. She can be reached at [email protected] or 973-530-2178.

Paula Bruecker, Counsel with CSG Law’s Trademarks & Copyrights Group, represents companies, startups and individuals in intellectual property matters particularly in trademark prosecution, licensing, enforcement and trademark litigation. She can be reached at [email protected] or 973-530-2064.

Disclaimer: Sponsored content articles do not reflect the opinions of New Jersey Business Magazine or the New Jersey Business & Industry Association.

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