Global Trademark GO in the United States - Introduction to U.S. Trademark Applications - 页之码

Submitted by haili on Mon, 06/19/2023 - 16:09

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页之码IP

In the turbulent wave of globalization and digitalization, business competition in today's society has become increasingly fierce, and infringing and counterfeit products have emerged one after another. In order to maintain corporate brand image and reputation, more and more companies understand the importance of trademark registration. Registered trademarks can not only protect corporate brand rights, improve market competitiveness, and promote brand value, but also maintain market order and promote sustained and stable economic and social development. According to data from the United States Patent and Trademark Office (USPTO), there were 2,172,727 trademark applications in the United States in 2021, an increase of 15.8% from 2020, of which foreign applicants accounted for about 4/1.

This article will introduce you to the process and precautions for U.S. trademark registration.

1. Trademark authority

United States Patent and Trademark Office, English: United States Patent and Trademark Office, abbreviation: USPTO
Website: Trademarks | USPTO
Trademark Search: Trademark Electronic Search System (TESS) (uspto.gov)

2. How to apply for trademark registration

Electronic submission, paper submission

3. Trademark registration application language

In English, non-English documents should be accompanied by an English translation signed by the translator

4. Documents required for trademark registration application

Applicant's name
Contact address
Trademark pattern
List of goods and/or services
Certified statement of non-bad faith use of the trademark (such as a trademark application based on intent to use in the United States)
Application fee for at least one category of goods or services
No power of attorney required
The original copy of the priority document must be translated into English and certified by the translator. If priority of a foreign application and/or registration is claimed, this should be submitted with the application

5. U.S. Trademark Registration Process

Once submitted, a trademark registration application will undergo a substantive review, including a search for conflicting trademarks and a review of the written application, amendments, drawings and any samples or foreign registrations to determine whether the mark qualifies for the type of trademark registration, whether amendments are required and whether all fees have been paid. The trademark application will enter the announcement period one month later, and anyone can raise objections within the 30-day opposition period from the announcement date. If the examiner issues a provisional rejection or a certain requirement needs to be further overcome, the applicant must respond to the examination opinion within 6 months from the date of issuance of the examination opinion.

6. Documents required for trademark change

Trademark assignments, agreements or other ownership documents.

7. Trademark cancellation

Between the 5th and 6th year after the trademark registration date, or within the 6-month grace period after the expiration, the registered trademark owner must submit a "Declaration of Use" or a "Declaration of Reasonable Reasons for Non-Use" of the trademark. 》(Declaration of Excusable Nonuse). Failure to submit the above statement will result in trademark revocation.

8. Trademark objections

Within 30 days after the trademark is announced, any person/third party may raise an objection to the announced trademark.

9. Trademark authorization, validity period and trademark renewal

A registered trademark in the United States is valid for 10 years from the date of registration. If the registered trademark is used commercially, it can be renewed for 10 years. Application for renewal must be made within 1 year before the expiration of the registration period, or within the 6-month extension period after the expiration of the registration period. When renewing a trademark, evidence of actual use and a statement of use by the registrant must be submitted.

10. Average time for trademark authorization