US and EU Trademark Protection for Japanese and Korean Brands

You can protect a Japanese or Korean brand in the United States and the European Union through national filings or WIPO's Madrid System (the Madrid Protocol). In the United States, choose the right filing basis and plan for proof of use. In the European Union, you can register first, but you must use the trademark within five years. Foreign owners need local counsel at key stages.

What is the fastest, safest path to a United States registration?

If you are already selling in the United States, file under Section 1(a). If you have not launched, file an intent to use under 1(b), or use Section 44(e) if you have a home registration, or Section 66(a) through WIPO's Madrid System. Each path has a different proof-of-use timeline under the Lanham Act (15 U.S.C. §§ 1051 to 1127).

• Section 1(a), use in commerce. You submit a specimen that shows current use in United States commerce. Foreign use does not count. See the USPTO's TMEP on specimens and use in commerce.
• Section 1(b), intent to use. You secure a filing date, then file a Statement of Use later, with extensions if needed. This is the right move if your United States launch is firm but not yet live. See our guide to the Statement of Use (SOU) and this update on US Statement of Use Extensions: 2026 USPTO Rules.
• Section 44(e), foreign registration. If you own a valid registration in Japan or Korea for the same trademark and goods or services, you can proceed to United States registration without proving use in the United States at that time. You will still need to maintain the registration with later use evidence and meet all United States substantive rules.
• Section 66(a), United States protection through WIPO's Madrid System. You file an international application through the JPO or MOIP and choose the United States. The USPTO examines under United States law. The registration can issue without prior use in the United States, but later maintenance requires use.

A tip from practice. If your proof of use will be solid in 3 to 6 months, 1(b) is often cleaner than 44(e). It gives you control over the identification and goods evidence that will support enforcement later. We see too many 44(e) filings and international applications that inherit narrow or awkward identifications from the home case, which then limit United States protection.

WIPO's Madrid System or direct national filing for the United States and the European Union?

WIPO's Madrid System is efficient when you need multiple countries quickly. You file once through the JPO or MOIP and choose the United States and the European Union. But the United States part lives under United States law, and refusals must be handled by an attorney licensed in the United States. Direct national filings can be more flexible on the identification and timing.

• United States. An international application that covers the United States still faces United States examination. If an Office Action issues, a foreign-domiciled owner must appoint counsel in the United States to respond. Budget for class specificity, likelihood of confusion refusals, and a six-month response deadline that cannot be extended.
• European Union. You can cover the European Union through WIPO's Madrid System, or file directly for an EU trademark at EUIPO. Both routes create a unitary EUTM that covers all European Union member states if granted. The legal framework is Regulation (EU) 2017/1001.

When would we avoid WIPO's Madrid System? If the home identification is too narrow or uses local terms the USPTO or EUIPO will not accept, a direct national filing lets us tailor the specification to United States and European Union practice from day one.

For background on filing from abroad, see our primer on filing a United States trademark from abroad and this step guide, How to Register an EU Trademark (EUTM): Complete 2026 Guide.

What "use" evidence is needed, and when?

United States law requires use in United States commerce to register under 1(a), or later proof of use to complete 1(b). Foreign use alone is not enough. A 44(e) or 66(a) case can register without prior use in the United States, but you must show use to keep the registration. See TMEP 900 on specimens and use, and 15 U.S.C. §§ 1051, 1126, and 1141 to 1141n.

In the European Union, no proof of use is required to file or register an EUTM. But after registration, the trademark becomes vulnerable to revocation if it is not put to genuine use in the European Union within five years. See EUTMR Article 58.

Practical guardrail. If you obtained a broad United States registration through WIPO's Madrid System but only use a few items, your unused goods or services are targets for non-use attacks.

Do I need local counsel in the United States and the European Union?

Yes in the United States. Foreign-domiciled owners, whether they are filing an application, hold a registration, or are a party to a proceeding, must be represented by an attorney licensed in the United States before the USPTO. This is a hard rule the USPTO enforces.

In the European Union, non-EEA owners must be represented by a qualified professional for most proceedings before EUIPO. Direct filings may be accepted without a representative, but any follow-on action usually requires one. For oppositions and appeals, representation is essential.

If you need counsel on file now, you can appoint us for United States attorney representation. A GTC attorney licensed in the United States acts as counsel of record and handles your USPTO responses within the current deadlines. Our FAQ answers the most common questions foreign owners ask about this rule.

How does Paris priority work across Japan, Korea, the United States, and the European Union?

File your first national application in Japan or Korea, then file in the United States and the European Union within six months to claim the earlier date under the Paris Convention. You can do this through national filings or through WIPO's Madrid System. The goods and services must be the same as, or contained within, the original scope.

Three practical points we insist on with priority claims:

• Align the identifications. Draft the home list with United States and European Union practice in mind so it ports cleanly within six months. Class Assist helps you check where each product or service sits before you draft.
• Docket the six-month date early. Priority claims are lost if you miss it, and extensions are not available.
• Watch translation consistency. The English translation that ties the goods and services to the home filing needs to match how the USPTO and EUIPO classify them.

What should Japanese and Korean owners watch in 2025 to 2026 United States practice?

Two things affect foreign filings the most. First, the Trademark Modernization Act created expungement and re-examination tools that make non-use challenges easier. Registrations that came through WIPO's Madrid System and cover unused goods or services are frequent targets. Second, most Office Actions now carry a three-month response deadline with a paid three-month extension option. Always check the live USPTO guidance for current timing.

We build portfolios with this in mind. If use is not imminent, we narrow United States identifications to what you can launch within a year, then expand later with new filings.

See our step guide on How to Respond to a USPTO Office Action: Step-by-Step and our enforcement primer, Trademark Monitoring and Enforcement: Protecting Your Brand After Registration.

United States vs European Union Filing Order, and Three Scenarios

Start with the country or region where you will launch first, or where the exposure is highest. If the United States launch is six months ahead of the European Union, file the United States application first and claim Paris priority into the European Union. If your product will debut across the European Union first, do the reverse. For more on the trade-offs, read US vs EU Trademark: Which Should Your Business File First?.

• K-beauty skincare with a MOIP registration, no United States sales yet. File 44(e) to secure fast United States registration, but keep the list tight to expected United States use to reduce TMA exposure. File an EUTM in parallel, or cover the European Union through WIPO's Madrid System if your MOIP list is already acceptable to EUIPO.
• Consumer electronics with an imminent United States retailer launch. File 1(b) now with a clear channel-of-trade plan. We time the SOU to the first shipments and keep extensions as a backstop.
• Fashion label targeting the European Union first, then the United States. File an EUTM directly to control the identification and avoid translation issues, then use Paris priority for a United States filing within six months.

A GTC field note. A Seoul skincare client covered the United States and the European Union through WIPO's Madrid System. The USPTO refused based on identification issues and a likelihood of confusion. We entered as United States counsel, amended the identification to USPTO-accepted terms, secured a consent agreement to overcome the 2(d) refusal, and filed the response inside the six-month deadline. The European Union part sailed through after we aligned the goods wording with EUIPO practice.

Maintenance and Enforcement After Registration

United States registrations require periodic filings with evidence of use. United States registrations that came through WIPO's Madrid System file use under Section 71. EUTMs face five-year non-use revocation and periodic renewal. Build a monitoring plan and keep clean evidence files for each key product.

• Read our quick primer on Section 71 declarations and renewals in 2026.
• For budget and timing of new filings, see our pricing page and the breakdown in How Much Does It Cost to Trademark a Name in 2026? A Complete Breakdown. The USPTO base application fee is $350 per class; EUIPO charges €850 for one class, €50 for the second, and €150 for each further class.

If you are planning filings now, we can run a clearance search, draft identifications to USPTO and EUIPO practice, and act as United States counsel for the USPTO. A Free Trademark Check is the quickest way to find out whether your trademark is clear in either register. Then start with our United States trademark service or EU trademark service. If you are expanding to multiple countries, we can manage an international application and centralize the docket.

We are an attorney-led team. If you want a practical plan for the United States and the European Union, we will map it to your launch dates and use timeline.