Introduction to U.S. trademark registration applications

 The United States adopts a usage doctrine for trademarks, and its protection period is ten years from the date of registration, which can be extended multiple times, each time for ten years. If the trademark has been used in the United States, an application can be filed based on actual use, but relevant proof of use and the date of use in the United States must be submitted at the same time. The U.S. trademark registration certificate can be obtained after approval; if the trademark is not used, you can apply according to the planned use, but you must submit proof of use and the date of use of the trademark in the United States within six months after approval. The U.S. trademark registration certificate can only be obtained after the proof of use is approved.

US trademark registration application requirements

 Applicants can apply as natural persons or legal persons. Natural persons must attach a copy of their passport or ID card, and legal persons must attach a copy of their business license.

Materials required for U.S. trademark registration application

  1. Power of attorney for trademark registration. The applicant must sign and seal the power of attorney.

 2. Applicant’s qualification certification materials: If applying in the name of a company, attach a copy of the business license; if applying in the name of an individual, attach a copy of the ID card or passport.

  3. Clear trademark drawing (1 copy), Zhengpan will assist in processing the image size; electronic version of the drawing.

 4. List the goods or services for which registration is sought, and indicate the trademark category. The trademark classification can be queried from the "Trademark Classification Table" column of this website.

 5. The first date of use of the trademark overseas and in the United States (documentary proof is not 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 priority under the Paris Convention, please list in detail the goods or services involved in the priority and relevant certificates. Priority is granted within six months of the first application.

US trademark registration application process

　　1. Knock-out Search for registered U.S. trademarks: This is a preliminary screening step. The lawyer first makes a judgment and determines whether the trademark has been used through computer screening. After searching, it is known whether the trademark to be applied for can be approved.

  2. Complete Search: After preliminary inquiries and preparations, if the trademark is likely to be used, the lawyer will conduct further research and provide professional legal advice. The time is about 7-10 days.

  3. Submission of US trademark registration cases for review: If several similar cases are filed at the same time, service fees can be saved. The entire case, from application to review and release of results, generally takes 12 to 18 months. If you are rejected, you can resubmit a new application after research and discussion. If by any chance the trademark cannot be obtained, you can consider applying for secondary trademark registration. Once obtained, the trademark can be used for five years.

Notice of Acceptance of U.S. Trademark Registration Application

 After receiving the trademark registration application information, the USPTO will first review the application form and all attachments in detail to check whether the required parts of the form have been filled in, whether the relevant information is correct, whether the required information is incomplete, and whether the fees are paid. If everything is in order, an application number will be given and a notice of acceptance will be issued. It will take about 25 days.

US trademark registration review

 The auditor will check trademark records to determine whether other merchants have registered or applied to register the same or similar trademark for the same or similar goods or services. The auditor will check at the same time

 Verify whether the relevant trademark complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).

Announcement on the Constitution

 Once the USPTO approves the trademark application, the trademark will be registered and announced in Trademark Weekly, and the applicant will be notified of the announcement date by letter. The announcement period lasts for three months. If no one raises any objection, the trademark can be successfully registered.

 After the trademark registration application is approved, the details of the trademark will be recorded in the registration book and a registration certificate will be issued to the applicant. The registration date will be traced back to the date of filing of the application. In other words, the rights of the owner of the registered trademark shall be calculated from the date of filing of the application.

US trademark registration time

 If the registration application is successful, it will take 15-18 months.

US trademark registration fees

 After successful registration, it will be valid for 10 years, and no additional fees will be charged during this period.

Special Instructions for U.S. Trademark Registration Application

 Trademark use: American trademarks adopt the first-to-use doctrine, so first-use is more important than first-registration.

 Trademark registration: When filing an application, you need to present a proof of use in the United States. If there is no proof of use, you must declare how you will use it after registration and document certification of use in the United States before registration after application. If you cannot provide relevant documentary evidence, you can use an "Intend to use" statement instead.

 Trademark type (regular trademark): It indicates the goods you sell and your intention to use it. Those who use a special trademark should apply for registration.

 Service mark: It does not represent goods, but represents the services provided.

 Registration classification: U.S. trademarks adopt international classification.

 Application time: US trademark application takes about 15-18 months.

 Special time: ten years from the date of registration. After expiration, you must apply for renewal of registration.

 Trademark use: An announcement must be made every five years after registration, and the announcement must be made that the trademark is still in use or relevant proof must be provided.