If you find a prior-filed trademark abroad, would it block your commercial use in the U.S.?

What if right before you are ready to launch a project, you find there’s a Canadian company has trademarked the same name in its own country?
In the U.S., trademark rights are primarily established through actual use of the mark in commerce within the U.S., not just by registration in a foreign country. Generally, if a foreign company has no commercial presence or use of the mark in the U.S., their foreign use and registration do not automatically grant them rights that would block a good-faith U.S. user or registrant.

If the foreign company hasn’t registered the name in the U.S., can I still legally use it here?
Yes, you can generally use the name in the U.S. if the foreign company has not established “use in commerce” within the U.S. market. U.S. trademark law operates on a “first-to-use” system, meaning the first party to use a mark in U.S. commerce for specific goods/services typically has superior rights within the U.S..

Does their use of the ™ symbol outside the U.S. give them any rights here?
No, the use of the ™ symbol on their website (presumably outside the U.S.) does not, by itself, grant them enforceable trademark rights in the U.S.. The symbol merely indicates a claim of common law rights. U.S. common law rights only arise from actual commercial use within the U.S. geographical area.

If I file the U.S. trademark first, do I get priority even if they used the name in Canada earlier?
Generally, yes, you would have priority in the U.S.. The foreign company’s earlier use in France does not typically establish priority over a U.S. party who is the first to use the mark or file for registration in the U.S..

There is a limited exception: if the foreign company has “famous” marks recognized by a large segment of the U.S. public, they might have some protection under specific doctrines, but this is rare and likely does not apply to the scenario described.

How risky is it to launch in the U.S. when a foreign company claims a trademark, but not in this country?
The risk is likely low, provided they truly have no U.S. commercial activity. The main risk comes if the foreign company can prove that they had already used the mark in U.S. commerce before you did, or if they had a well-known U.S. presence.

Recommended Action:
Filing a U.S. trademark registration application first is your best protective measure. A federal registration provides nationwide constructive notice of your claim and strengthens your position significantly against future claims, especially those from foreign entities with no prior U.S. use. Click here to file it today.