US Trademark Registration




Release time:2016-05-12

The United States adopts the use of the trademark, its protection period for ten years from the date of registration, can be extended several times, each ten years. If the trademark has been used in the United States, the application can be filed according to the actual use, but the relevant proof of use and the date of use in the United States must be submitted at the same time. A U.S. trademark registration certificate that can be obtained after approval; if the trademark is not used, an application can be filed under the plan, but the certificate of use and the date of use of the trademark in the United States must be submitted within six months after approval. Only after the certificate of use is approved can a U.S. trademark registration certificate be obtained.

U.S. Trademark Registration Conditions

The application may be made by a natural person or a legal person. The natural person must attach a copy of his passport or ID card, and the legal person must attach a copy of his business license.

U.S. Trademark Registration Application Required Materials

1. Trademark registration power of attorney, the applicant must sign and seal the power of attorney.
2. Qualification certification materials of the applicant: apply in the name of the company, with a copy of the business license of the enterprise; apply in the name of an individual, with a copy of ID card or passport.
2. Clear trademark drawing (1 copy), Zhengpan assists in processing the picture size; Electronic version of the drawing.
List the goods or services for which registration is sought, indicating the class of the trademarkTrademark classification can be found in the "Trademark Classification Table" column of this website.
5. The date of the first use of the trademark overseas and in the United States (no documentary proof is required); if the customer's trademark has not been used in the United States, the customer should prepare a "certificate of intention to use".
6. If you have a priority under the Paris Convention, please list the goods or services covered by the priority and the relevant evidence. The period for obtaining priority is within six months of the first application.


U.S. Trademark Registration Process

1. Initial Investigation of Registered U.S. Trademarks (Knock-out Search): This is a preliminary over-consideration step. Lawyers first judge and determine whether the trademark has been used through computer screening. After checking, they can find out whether the trademark to be applied for approval.
2. Complete investigation (complete Search): After preliminary inquiry and preparation, if the trademark is likely to be used, the lawyer will further study and put forward professional legal suggestions. Time is about 7-10 days.
3. Registered U.S. trademark cases submitted for trial: If several similar cases are applied together at the same time, service costs can be saved. The whole case from the application to the audit results, generally takes 12 to 18 months. In the case of rejection, a new application may be resubmitted after the study and discussion. If you cannot obtain this trademark, you can consider applying for secondary trademark registration. Once this trademark is obtained, it can be used for five years.

US Trademark Acceptance Notice

After receiving the trademark registration application materials, the U.S. Patent and Trademark Office will first review the application form and all attachments in detail to see if the required parts of the form have been completed, the relevant materials are correct, the required materials are incomplete, and the fees are paid. If everything is appropriate, an application number will be given and an acceptance notice will be issued for about 25 days.


United States Trademark Examination

The auditor will look through the trademark records to determine whether other merchants have registered or applied to register the same or similar trademarks on the same or similar goods or services. The auditor will also check whether the mark in question complies with the registration requirements under the Trade Marks Ordinance. If the application is approved, the application process will proceed to the next stage (the gazette stage).


United States Trademark Gazette Notice

Once the trademark application is approved by the United States Patent and Trademark Office, the trademark will be registered in Trademark Weekly and the date of the announcement will be notified to the applicant in the form of a letter. The announcement period lasts for three months. If no one raises any objection, the trademark can be successfully registered.


US Trademark Registration

When an application for registration of a trademark is approved, details of the trademark will be entered in the register and a certificate of registration will be issued to the applicant. The registration date will be retroactive to the date of submission of the application, in other words,registered trademarkThe rights of the owner shall be counted from the date of submission of the application.


US Trademark Registration Time and Expenses

If the registration application is successful, it will take 15-18 months. After successful registration is valid for 10 years, no additional fees will be charged during the period.


US Trademark Special Notes

Trademark use: U.S. trademark adoption is first-in-use, so first use is more important than first registration.
Trademark registration: At the same time of application, you need to prompt a certificate that has been used in the United States. If there is no certificate of use, you must apply for registration before, how to use it after the oath of registration, and the certificate that has been used in the United States. If you cannot provide the relevant documentation, you can use the "Intend to use" statement instead.
Type of trademark (positive trademark): indicates that the goods they operate and have the intention to use, and those who use the special trademark should apply for registration.
Service mark: not a commodity, but a service provided.
Registration classification: International classification of US trademarks.
Application time: US trademark application is about 15-18 months.
Special time: ten years from the date of registration, and apply for renewal of registration after expiration.
Trademark use: After registration, it needs to be announced every five years, and the announcement is still in use or relevant certificates are provided.