Introduction to US Trademark Registration

The United States is a country that practices case law (i.e., unwritten law). Therefore, court precedents play an important role in the handling of trademark disputes and the development of trademark law in the United States.
The United States is a country that practices case law (i.e., unwritten law). Therefore, court precedents play an important role in the handling of trademark disputes and the development of trademark law in the United States.
According to the current trademark registration regulations in the United States, you can register product trademarks, service trademarks, collective trademarks and certification trademarks in the United States.
The United States adopts the International Classification of Goods and Services. Trademark registration is divided into the main register and the supplementary register.
The United States participates in the following international organizations and conventions: World Intellectual Property Organization, Paris Convention for the Protection of Industrial Property, Nice Agreement Concerning the International Classification of Trademarks and Services, and Madrid Protocol.

Information required for US trademark registration application

  • For legal person applications, please attach a copy of the business license or valid registration certificate with official seal;
  • If you are a natural person, please attach one copy of your personal identification document;
Detailed information of the applicant (in Chinese and English), including name, nature, nationality, detailed address, postal code, and contact information
Electronic version of trademark sample

Product name and category

The applicant provides a statement of genuine use of the mark in commerce (actual use)
Signed power of attorney

Eligibility for applicants of U.S. trademarks

  • A person who has used a trademark in U.S. commerce may apply for trademark registration;
  • Under the Trademark Amendment Act of 1988, a person who sincerely intends to use a trademark in U.S. commerce may also apply for trademark registration;
  • If the trademark of a national of a Paris Convention member country has been registered in his or her own country, but has not been used in business activities with the United States, but has been used in other countries or intends to use the trademark in accordance with the 1988 amendment, the person may apply for trademark registration. Foreign applicants must appoint an agent in the United States to handle trademark matters;

US Trademark Registration Application Process

After the application is submitted, the legality of the submitted application documents, trademark drawings, power of attorney and other documents will be reviewed; if they meet the requirements, the application date and application number will be granted

According to the law, the trademark is examined to determine whether it is registrable, whether it is identical or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that do not pass the substantive examination, the examiner will notify the applicant in writing and inform the reason for the rejection. The applicant may submit a review within the time limit from the date of receipt of the rejection notice, otherwise, the application will be deemed abandoned, and the application date and application number will not be retained.

After review, if the examiner believes that the trademark application is acceptable, the notice will be published in the U.S. Official Trademark Bulletin. The opposition period is one month from the date of the announcement.

After the above procedures, the Trademark and Patent Office will issue a "notice of allowance", which is not a registration certificate. Within 6 months after the issuance of the "notice of allowance", the applicant must provide a statement of actual use of the trademark in business, or apply for a reserved trademark.

After receiving the declaration of genuine use, the Trademark and Patent Office will conduct another review. If the review decides to accept the declaration of genuine use, a registration certificate will be issued. The entire smooth application process (if there is no rejection, objection, etc.) will take about 20-24 months

Frequently asked questions

  • A person who has used a trademark in U.S. commerce may apply for trademark registration.
  • Under the Trademark Amendments Act of 1988, a person who has a bona fide intention to use a mark in U.S. commerce may also apply for trademark registration.
  • If a trademark of a national of a Paris Convention member country has been registered in his or her own country and has not yet been used in business activities with the United States, but has been used in other countries or intends to
    use the trademark in accordance with the 1988 amendment to the law, a person may apply for trademark registration.
  • Foreign applicants must appoint an agent in the United States to handle trademark matters.
  •  
  1. Intended use: application – acceptance – examination – announcement – ​​submission of use evidence – registration – issuance of certificate;
  2. Actual use: application (submission of evidence of use) – acceptance – examination – announcement – ​​registration – issuance of certificate.
  1. Submit application documents. (The acceptance notice time is about 1 month)
  2. Formal examination and substantive examination. (The examination time is about 4-6 months) Formal examination and substantive examination are carried out at the same time. After the examination is completed, the USPTO will issue an official examination opinion (i.e., a rejection notice). The review time for the rejection notice is 6 months, and the applicant must conduct a review within 6 months.
  3. Announcement. (Announcement period is 3 months)
  4. Approved for registration. If no third party raises an objection during the announcement period, or the objection is ruled to be invalid, the trademark application will be approved.
  5. Submit evidence of use. Within 5-6 years from the date of registration, the applicant must submit relevant evidence of use to prove that the trademark is still in continuous use, otherwise the trademark will be invalid.
  • In the United States, use is not the only basis for obtaining trademark registration, but trademark registration must be maintained through use. US law requires that registered trademarks must be used in commerce, and advertising use is not considered use. If a trademark is not used for three consecutive years after registration, it is considered preliminary abandonment, and the trademark registration may be
    revoked .
  • In addition, according to the U.S. Trademark Law, the trademark registrant must submit an affidavit of use to the U.S. Patent and Trademark Office between the 5th and 6th year from the date of trademark registration, swearing that the registered trademark has been used in U.S. commerce for the goods or services described in the affidavit, and the trademark registration will continue to be valid.

Our advantages

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One-to-one consulting service, quick response to customer needs

Major

More than ten years of professional agency for domestic and foreign trademark registration related business

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Trademark consultant, quality inspection manager, and customer triple quality inspection and multiple checks

Assure

The trademark registration success rate of intellectual property is as high as 98.3%