Mistakes To Avoid When Planning a North American Expansion The worst thing you can do is build your brand locally—only to realize that someone else already owns your brand in North America when you're ready to expand.

By Andrei Mincov

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In today's global economy, where countless brands compete for attention, securing your place in the market has never been more critical. A brand that stands out is often the difference between thriving and being overlooked. A strong brand captures attention, builds trust, and fosters customer loyalty. It drives long-term business growth, positions your company as a market leader, and makes your business more resilient to economic downturns and competitive pressures.

But here's the catch—a brand is only valuable if you actually own it.

Businesses in the Middle East are increasingly expanding their reach beyond regional markets, with North America—particularly the United States and Canada—offering immense growth opportunities. These markets are among the most lucrative and competitive in the world. Companies like Emirates, DP World, and Anghami have become globally recognized names through strategic brand building and international expansion.

With the US likely entering a period of economic resurgence under Donald Trump as the 47th president, international businesses are racing to seize the opportunity. However, many Middle East companies often overlook one critical detail—legally securing their brands in the United States and Canada. Without this protection, your North American ambitions could unravel overnight.

Related: To Expand, Or Not To Expand? 10 Factors To Consider Before Expanding Your Startup

The Costly Risks of Expanding Without Brand Protection

Expanding into North America is an exciting prospect, but nothing derails growth faster than losing control of your brand if someone trademarks it there first. It doesn't need to be an exact match—even a similar name can block your entry.

Consider a hypothetical MENA startup, 'Al Noor Coffee,' thriving across the Gulf. Upon entering the US, they discover a small Texas cafe already holds the trademark 'Noor' covering coffee beverages, cafes, and restaurants. Despite regional success, Al Noor Coffee is locked out of the American market. Their choices? Abandon expansion or undergo costly rebranding—redesigning packaging, updating marketing materials, and re-educating their customer base—all while losing momentum in a critical new market.

This scenario is not rare. According to the World Intellectual Property Organization (WIPO), global trademark filings have surged over 30% in the past decade, reflecting businesses' growing recognition of the need for brand protection.

So while the "Al Noor Coffee" example above is hypothetical, the risks of attempting an expansion with an unprotected brand are very real.

Here are the harsh realities of expanding with an unprotected brand:

1. You won't own your brand in North America There is no such thing as a global trademark, and trademarks are country-specific. You may be protected across the UAE, Saudi Arabia, Qatar and have zero rights in Europe or North America. If someone files for a similar trademark before you, your application will be rejected.

2. You can get sued for trademark infringement The US is the most litigious country in the world. Trademark disputes can drag on for years and drain hundreds of thousands or even millions of dollars in legal fees and awards against the losing party. Getting caught up in trademark litigation is a surefire way to disrupt your operations, deplete resources, and bury your hopes of international expansion.

3. You can be delisted from global e-commerce platforms Platforms like Amazon, Shopify, and Walmart Marketplace often require a registered US trademark to list products. Without one, your products can be removed, cutting off key sales channels.

4. A branding nightmare across continents If you can't own your brand in North America, you face a dilemma: run two brands across different markets or rebrand globally. Managing two identities doubles marketing costs and confuses customers, while global rebranding erases the goodwill you built in the Middle East. Either path can cripple growth.

Related: Charting New Paths: Embracing The Entrepreneurial Boom In The UAE

That's why if North America is even a blip on your future horizon, securing your trademark there is non-negotiable—now, not later. Here are three ways to ensure your brand is ready for North America:

1. Find Out If Your Brand Is Trademarkable

Before investing a dirham in marketing, confirm early that your brand is yours to own in the US and Canada—before it gains prominence regionally.

The worst thing you can do is build your brand locally—only to realize that someone else already owns your brand in North America when you're ready to expand.

Your brand will never be more trademarkable there than it is today, so the more recognizable it becomes, the more likely someone might hijack it, hoping for a big payout.

Do not rely on online trademark search tools. While free and convenient, they're dangerously incomplete. They overlook similar marks and fail to check if your brand is distinctive or violates legal requirements. Searching "Al Noor Coffee" wouldn't catch "Noor," giving you a false sense of security.

A comprehensive trademark search with a professional registrability opinion from North American trademark experts is a small investment that can save you from costly rebranding or litigation.

2. Register Your Trademark Early

Speed matters. North America's fast-moving markets are unforgiving to latecomers. Don't risk getting locked out. If your brand name is available, file trademark applications in the US and Canada without delay. The cost of filing is negligible compared to the costs of losing your brand.

Trademark registration doesn't just protect you—it turns your brand into a legally recognized, valuable asset, and builds a foundation to scale confidently.

Consider Olipop, a US soft drink company. They filed their first trademark in July 2017, a year before their October 2018 launch. Today, the brand is valued at USD$1.85 billion. Early protection set the stage for their success.

3. Monitor and Enforce Your Rights

Trademark registration isn't a set-it-and-forget-it task. You need to actively watch for infringements and be ready to defend your brand when necessary. Consider setting up trademark monitoring and working with legal experts who can enforce your rights quickly and efficiently.

Building a Brand That Lasts—It's All About the Future
Trademarking is not about protecting your brand for today—it's about future-proofing your business. A protected brand can increase your company's valuation and attract investors, positioning you as a more credible entity in the eyes of partners and buyers.

If you plan to sell products or services under your brand in the United States or Canada within the next two to three years, trademark it now. Delaying means you're gambling with your future growth.

The North American market holds enormous potential for ambitious Middle East businesses—but only if you own your brand. Trademark it. Protect it. Own it—so you can scale across borders with confidence. Your brand's future is in your hands.

Related: The Middle East is Emerging as a Serious Startup Hotspot — Here's What Entrepreneurs Worldwide Can Learn

Andrei Mincov

Founder and CEO, Trademark Factory

Andrei Mincov is the founder and CEO of Trademark Factory®, which offers trademark registration services with a guaranteed result for a guaranteed budget. He began his career as an intellectual property lawyer nearly 30 years ago, helping his father, a renowned Russian composer, defend his copyrights against unauthorized use in a commercial. Now based in Dubai, Andrei helps businesses and entrepreneurs from around the world secure and protect their brands in North America.
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