As Finnish companies doing business or expanding into the USA, understanding the local trademark system becomes increasingly important. What are the key insights and strategic tips on how U.S. trademark law affects international applicants in 2025? Below, we outline the most relevant points for Finnish brand owners.
Choosing between national and international applications
Finnish companies can apply for trademark protection in the U.S. either by filing a national application directly with the United States Patent and Trademark Office (USPTO), or by submitting an international application through the Madrid Protocol with the U.S. designated as a target country.
International application –easy to manage, limited flexibility
International applications offer a centralized approach to managing global trademark portfolios. They do not require evidence of use at the time of registration and may reduce upfront legal costs. However, they are dependent on the status of the basic application or registration for five years. If the basic application fails, the U.S. extension of protection may be voided.
Additionally, it has been observed in practice that international applications offer limited flexibility in modifying goods and services, and they are not eligible for registration on the Supplemental Register, which can be important for descriptive marks, in particular.
National application – greater control, more requirements
National applications can provide greater control over the trademark registration process. For national applications filed based on use in U.S. commerce and intent-to-use applications, applicants can tailor the descriptions of goods and services to match their actual offerings and to meet USPTO requirements for specificity. In some cases, it may also be possible to request the USPTO to add new language to its ID Manual. Evidence of use becomes part of the public record, which can discourage third parties from challenging the registration. Furthermore, national applications allow for more flexibility in managing classes and making certain amendments during prosecution.
However, national applications also come with specific requirements. The USPTO’s updated fee structure, effective January 2025, introduces new charges for free-text descriptions and lengthy identification texts. Applicants must also submit specimens showing current use of the mark and provide dates of first use both globally and within U.S. commerce.
Filing bases & amendments
Nationally filed U.S. trademark applications can be filed under several legal bases, including intent-to-use, actual use in commerce, foreign application, or foreign registration. Each basis has its own requirements and implications for registration. Importantly, applicants may generally amend the filing basis during the application process, which may help resolve issues related to use or specimen requirements while preserving the original filing date.
Trademark cancellation risks
In the United States, a registered trademark may be cancelled if it is no longer in use or has been abandoned. Cancellation can occur at any time due to abandonment, or after three years if the mark has never been used in commerce for the goods or services listed in the registration. Maintaining proper documentation of actual use is essential to preserving trademark rights.
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Need help navigating trademark law in the U.S.? Reach out to your legal advisor or Berggren’s Brand Advisory & Legal team for tailored guidance.