Introduction to the U.S. Trademark Application System

Categories:

Author:

Source:

Release time:2016-05-12

Introduction to the U.S. Trademark Application System
The trademark law of the United States is developed on the basis of its own case law. The first federal Trademark Act was enacted in 1870.
The current trademark law in the United States is the Lanham Act of 1948, which is contained in Title 15 of the United States Code. With the rapid development of Sino-US trade, more and more
Many Chinese companies go abroad and export their products to the United States. Due to the regional nature of trademark protection, they need to register and apply for a U.S. trademark.
It is necessary for us to understand the relevant system of trademark application in the United States.
1. trademark application basis
As far as the trademark application system is concerned, the biggest difference between applying for a U.S. trademark and applying for a Chinese trademark is that the registration of a U.S. trademark is based on actual
Use, rather than as our country based on the first application without conflict can obtain registration. As amended by the U.S. Trademark Act of November 16, 1989, trademark applicants may
S. trademark application based on the following basis:
(1) Based on actual use in American business, that is, Use in commerce. The so-called commerce refers to the provisions of the United States Constitution.
Legitimate business transactions, such as state-to-state business practices or business practices between the United States and other countries. Use in commerce must
It is intended use in the ordinary course of commercial transactions, not a simple use for the purpose of preserving the survival of rights. In the case of a trade mark, the trademark may
In order to be used on a commodity, on a commodity container, or on a display relating to a commodity, the commodity must be physically sold or transported in commerce. For clothing
In the case of a service mark, the service mark must be actually used or displayed through commercial sale or advertising. This basis applies to applications that have already been made at the time of the trademark application.
The actual use of the trademark logo in the business. An affidavit stating that the trademark has been registered in
The actual use and the first time and place of use in the business, and at the same time provide the actual sample of the use of the trademark. The real sample of the use of trademarks is the trademark of goods and services.
trademarks and different. A real sample of a commodity trademark may be a commodity label, packaging, container, photo of the actual use of the trademark,
The goods themselves do not need to be provided, but invoices, orders, bills of lading, leaflets, brochures, letterhead or business cards, etc. cannot be used
A real sample of a trade mark; a real sample of a service mark may be a label, brochure, advertisement, or commercial proof that the service is associated with the service.
Cards and stationery, or photos advertising the service, in short, the real sample of the service logo should not only have the trademark, but also reflect
related services.
(2) Based on intended use in U.S. commerce, I .e., Intend to use. Intended use means that the applicant sincerely intends to do business in the United States.
Use the trademark to be applied. This basis applies if the trademark has not been used at the time of filing the trademark application. But after submitting the application on this basis
The actual use of the trademark in commerce is required before the trademark can be registered. Upon application based on this basis, the United States Patent and Trademark Office will issue a notice of acceptance,
That is, Notice of Allowance, the applicant shall, within six months from the date of issuance of the notice, submit the actual use of the trademark.
Statement, if the applicant has not actually used the trademark in business at this stage, he must submit a declaration of deferred use, I .e. a Request for
Extension of Time to File a Statement of Use, thus obtaining a six-month extension and paying 150 for each category.
S. dollar extension fee, otherwise the trademark application will be revoked. The applicant may apply for an additional six-month extension before the expiration of each six-month period, but the applicant has not submitted a statement of actual use within thirty-six months from the date of the notice of acceptance issued by the United States Patent and Trademark Office, and the trademark will not be finally granted a note.
Book. Therefore, the applicant did not actually use the trademark at the time of the application, but it should be within three years from the date of receipt of the notice of acceptance by the United States Patent and Trademark Office.
The actual use of the trademark in commerce and the submission of a declaration of actual use, otherwise the registered trademark will not be obtained.
(3) The priority application based on the previous six months, that is, the Foreign priority (combined with the statement of intention to use). According to the participation of the United States
The provisions of the relevant international treaties, usually referring to the provisions of the Paris Convention, may be based on the applicant's domestic application within 6 months from the date of the application.
The priority of filing a trademark application in the United States, the United States recognizes the filing date of the country as the date of the United States application. When applying in this country, the trademark usually remains.
It is not actually used in business, so when applying on this basis, it is usually combined with a statement of intention to use. But on this basis to apply for a U.S. trademark.
The prerequisite for registration is that the domestic trademark must be registered. If the domestic trademark is not registered in the country, the application in the United States will also follow.
Withdrawal.
(4) The application based on foreign registration combined with the statement of intention to use is the Foreign registration. When foreign applicants want
When applying for a United States mark for goods or services through intended use in a United States business, the amended United States trademark law provides that whether it is based on priority
Either the application or the foreign prior application must be issued by the applicant with a statement of actual intention to use in U.S. commerce.
2. authority for accepting trademark applications
All trademark applications referred to above refer directly to the United States Patent and Trademark Office, the United States Patent and Trademark.
Office, referred to as USPTO filed a trademark application. In the United States, the territoriality of trademarks is reflected not only between countries, but also between states and
between. The United States Patent and Trademark Office, as the agency that accepts national trademark applications, also has the legislative power of trademarks and the state registration of trademark applications.
Organs. However, neither the states nor the trademark registration authorities have the right to accept trademark applications from foreigners.
The mark refers to a trademark application filed with the United States Patent and Trademark Office.
3. manner of trademark application
There are two ways to apply for a U.S. trademark:
One is the way of paper mailing;
The second is electronic application.
The procedure for applying via electronic application is slightly different from that of paper mail application, but the advantages of electronic application are obvious: the website of the United States Patent and Trademark Office
Except in the case of computer maintenance, electronic applications are accepted 24 hours a day, whether on holidays, weekends or after the end of daily working hours; at the same time
The cost of applying electronically is also lower than that of paper applications;
Serial number (I. e. Serial number), while it usually takes two to three weeks to obtain a trademark application submitted by paper mail.
Notice of acceptance with trademark application serial number. Due to the above advantages of electronic applications, most of the current trademark applications are made through electronic applications.
Submit.
Elements that must be included when 4. a trademark application
The same as a paper application, an electronic application that is not signed by the applicant can also obtain the application date of the trademark, but this does not mean that the electronic application trademark can lack the following information:
(1) the name of the applicant;
(2) the contact address of the applicant;
(3) Clear trademark identification;
(4) the trade name or service name to be applied;
(5) Pay at least one class of trademark application fee.
In the absence of such information, the United States Patent and Trademark Office will reject the trademark application.
The filing date of the trademark application shall be the date of receipt by the United States Patent and Trademark Office. Therefore, if the application is made by paper mail, the application date of the trademark is
The actual date of receipt of the letter by the U.S. Patent and Trademark Office; in the case of an electronic application, the filing date is the date of receipt of the electronic application by the U.S. Patent and Trademark Office's server.
The day please.
Introduction of Post -5. Trademark Application Process
After submitting the trademark application, if the examiner considers that the trademark cannot be registered, a letter, namely Office action, will be sent,
List the substantive reasons for the refusal of registration of the trademark and other technical or procedural defects for the applicant to respond. If it's some minor flaw,
The examiner will also communicate with the applicant by phone or email. After the examiner issues an Office action, the applicant must
Office action to complete the reply within six months from the date of mailing, otherwise it will be deemed to have abandoned the trademark application.
If the trademark applicant's response does not overcome all of the listed deficiencies, the Trademark Office will issue a final notice of rejection, which is a Final refusal,
In this case, the applicant can only pay an additional fee to the administrative court of the United States patent trademark, the Trademark Review and Adjudication Board, that is.
Trademark Trial and Appeal Board, or TTAB for short, appeals for relief.
If the examiner does not find that the trademark has a defect that is not registered or the applicant overcomes the defects listed in the Office action by replying.
Defect, the examiner will publish the trademark in the United States trademark notice, the Official Gazette.
After the trademark is announced, the United States Patent and Trademark Office will issue a notice to the trademark applicant, informing him of the specific time of the trademark announcement. From the trademark public
Within 30 days of the date of the notice, any third party may object to the United States Patent and Trademark Office if it believes that the registration of the trademark of the notice would be detrimental to its interests,
Or request an extension to raise an objection. If no objection is raised or the grounds for objection are not established during the trademark announcement period, the trademark will enter the registration process.
Order.
For a trademark to be registered, there must be evidence of actual commercial use. If the trademark is based on actual commercial use or on a registered reference in the country.
If the application is filed and no objection is filed or an extension is requested during the trademark announcement period, the U.S. Patent and Trademark Office will normally file an objection in the commercial.
A trademark registration certificate is issued 12 weeks after the announcement of the trademark; if the trademark is based on an application for intended use and no objection is raised during the trademark announcement period
or request an extension of time to file an objection, the United States Patent and Trademark Office will normally issue the above-mentioned one (2) 12 weeks after the trademark announcement.
Notice of Allowance, the applicant should apply for an extension based on whether the trademark is actually used in commerce or whether it has been used or claimed that it has been used or requested.
With a statement. 6. Trademark Registration Period and Protection
The period of validity of a trademark registration is 10 years, counting from the date of registration of the trademark. Within 1 year before the expiration of the 10-year term or 6 after the expiration of the 10-year term
The trademark can be renewed within the month of the extension period, and each renewal period is also 10 years. Within 1 year after the expiration of the 5-year period after the trademark is registered, the merchant
The trademark owner should submit to the United States Patent and Trademark Office a statement that the trademark has been in continuous commercial use for 5 years and is still in use, otherwise it will result in the trademark.
Suspended and revoked.