Can I trademark a foreign product?

Question

I am importing a product from Ukraine. This product already has a name for itself yet, it has not been trademarked in the USA. So my question is this:

Is it possible to trademark a product in the USA which is not yet trademarked here, even if it is trademarked abroad? In other words, can I beat them to the punch?

Thanks in advance.

Answer 1

You can, but they can sue you for infringment for purposefully stealing their trademark if it is already trademarked in their country. Keep in mind that he with the most money and attorneys, usually wins.

I would also bet that if they allow you to import it to the US legally, they already have trademark and copyright protections in place.