Hi, I have a website trade marked in india.so can i sue someone who infringes my T.M in usa???or should i have a T.M in usa also to sue him???.does this rule apply to them also??.what if i have a website which is Trademaked in usa ex youtube.com.can i use a third party for arranging a consultant for T.M in usa though i dont have a office there???. Regard's, Eldo.
Maybe. Maybe. Maybe. Maybe. Depending on how simple or complex your issue/s may be, you might be better off seeking legal advice instead of trying to get opinions from people who may or may not be "qualified" to tell you (including me). I'm stating maybe because it'll also depend on all available facts you have. You can sue. But winning for sure is another question.
Does your mark have an International trademark? Trademarks are granted by classification, so the person generally must be infringing upon your particular usage - i.e. there are several holders of trademarks on "MySpace" or "Apple" each for a particular classification. I do not think India has signed the "Madrid Protocol" so you would likely need to file for a trademark in the US. You would also need to have been the first person to use the trademark (first and continued usage). You can file in the US. I think the filing fee is $325 (electronic) plus any attorney and search fees. It takes about 6 years for your trademark to become uncontestable - provided it is accepted and no one contests the filing. If you file yourself, make sure you do not make any mistakes in the application or exibits because it will be rejected and you will have to pay the fee again.