How to register a US trademark

1. The United States is a country that implements case law (i.e. unwritten law), so court precedents play a significant role in the handling of trademark disputes and the development of trademark law in the United States.

2. The United States adopts the principle of prior use trademark protection. The ownership of a trademark in the United States usually depends on its use in the country. Generally speaking, even if the first user has never registered their trademark in the United States or the second user has registered the same or similar trademark first, the first actual user of a trademark has a better right than the later user. Of course, from the perspective of trademark protection, the registration of the user's trademark with the United States Federal Patent and Trademark Office cannot be ignored.

According to the current trademark registration regulations in the United States, goods trademarks, service trademarks, collective trademarks, and certification trademarks can be registered in the United States.

4. The United States adopts the International Classification of Goods and Services. Trademark registration is divided into primary and secondary registers.

5. The international organizations and conventions that the United States participates in include the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, the Nice Agreement on the International Classification of Trade Marks and Services, and the Protocol to the Madrid Agreement.

The main difference between the US trademark system and other countries in the world is that the exclusive right to use US trademarks is based on the principle of first use.

Required documents for registering a US trademark:

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. The applicant submits a declaration of sincere use of the trademark, stating on which products or services the relevant trademark will be used (intended to be used);

6. The applicant provides a statement of genuine use of the trademark in business (actual use), and Simate can assist you in completing the application materials;

Trademark Examination in the United States

1. Applicant Qualifications:

Both businesses and individuals can apply.

2. Application process (smooth progress):

(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.

(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.

(3) Announcement: After examination, the examiner considers that the trademark application can be accepted and will publish an announcement on the official trademark announcement in the United States. The objection period is one month from the date of announcement.

(4) Submission of Usage Statement: After the above procedures, the Trademark and Patent Office issues a "Notice of allowance", which is not a registration certificate; Within 6 months after the issuance of the 'Permission Notice', the applicant must provide a statement of genuine use of the trademark in business or apply for a reserved trademark.

(5) Registration approval: After receiving the true use declaration, the Trademark and Patent Office conducts another examination. If it is decided to accept the statement of genuine use after examination, a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 12-18 months.

3. Validity period: 10 years from the date of registration. If the registration needs to be continued after the expiration of the validity period, an application for renewal registration should be made 6 months before the expiration of the registration, and each renewal registration is valid for 10 years.