- North & South America
Article 8 of the Chinese Trademark Law defines a trademark as: a trademark is distinctive, including text, graphics, letters, numbers, three-dimensional signs, color combinations, sound, and their combinations.
The United States Trademark Law is the federal Trademark Act, which was born in 1946. The government department responsible for trademark management in the United States is the United States Patent and Trademark Office (USPTO), and trademarks are protected in all states of the United States. At present, the government part of trademark registration fees in the United States is quite complex, generally including application fees: charged at $250 per international category, with no further subcategories or restrictions on the number of registered goods in each category; In addition, if the trademark is applied for in preparation for use, an additional $100 usage declaration fee will be required for each category after approval and before the official certificate is issued. Other applications such as extensions and changes require payment of varying fees. For more details, please refer to the USPTO official website（ https://www.uspto.gov/ ）.
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Actual Use in Commerce Category
This trademark application category applies to trademarks that are already in use in the US market. If your trademark is already in use in the US market, you can choose the actual usage category to apply for the trademark. When applying, you need to provide proof of trademark use, including the date of use, scope of use, and method of use.
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Intention to Use Category
This trademark application category applies to trademarks that have not yet been used in the US market. If you plan to use the trademark in the future, you can choose the intended use category to apply for the trademark. When applying, you need to submit a statement of intention to use the trademark and start using it within the specified time after the trademark is approved.
1. After paying the application fee and submitting the application, USPTO will issue a confirmation notice to officially accept the application.
2. Generally, USPTO begins the review process about 3 months after receiving the application. About one month later, USPTO will issue the preliminary review results.
There are generally three types of audit results:
① The application is approved and USPTO will announce it in its official publication;
② Application for modification is generally required if the description of the goods and services does not meet the standards or there is no corresponding English explanation for the foreign trademark. USPTO usually gives 6 months, and the applicant can complete the modification and supplement the submission before the deadline;
③ The application is generally rejected due to confusion caused by its similarity to an existing US trademark.
3. If there are no objections within 30 days after the announcement, USPTO will issue an approval notice in approximately one month
(Notice of Allowance)。 If someone objects in the middle, the entire application will be transferred to the opposition procedure.
4. Within 6 months after the approval notice is issued, the applicant is required to submit a Statement of Use and pay the corresponding fees. If USPTO accepts the usage statement, the application will be finally approved and a registration certificate will be issued after 2 months. If the applicant has not used the trademark within 6 months, they can apply for an extension up to 5 times, each time for 6 months.
5. During the validity period of a US trademark registration, an application can be submitted to USPTO for the transfer of the US trademark. If the trademark is applied for as being in use in commerce, the basic process is the same as above, but there is no need for the last step. If there is no objection after the announcement, the registration certificate will be issued directly.
6. There are three other ways to apply for trademarks in the United States, including:
Based on a foreign trademark application,
Based on foreign trademark registration
Based on the Madrid Protocol
The time from application submission to obtaining registration certificate for US trademarks varies. According to the time standards published by USPTO, if the application is prepared correctly, there is no need for any modifications, and there are no objections, the entire process can generally be completed in about 8 months. This is currently the fastest time to apply for a US trademark. After registration in the United States, a trademark is valid for 10 years, but renewal procedures (§ 8 DECLARATION) are required in the 5th and 6th years. If necessary, renewal fees need to be paid in the 9th and 10th years after trademark registration to handle the renewal procedures, in order to maintain the validity period of the trademark for another 10 years.
If the trademark to be applied for has already been used, then apply based on the already used trademark. If it has not been used yet, then apply based on intention to use. If the application is submitted domestically, it can also be based on international registration.
The Trademark Office will make an announcement in the Official Gazette for a period of 30 days, during which any individual or group can raise objections. If there are no objections, the next stage will be entered.
Based on international or foreign trademark applications, as well as the use of the application, a trademark certificate can be obtained; If based on intention to use, you will first receive a Notice of Allowance Issues for Marks notification, and you can choose to submit evidence of use or postpone.
The evidence used can be the following (taking the product as an example):
(1) Product images with logos printed on them;
(2) Product tags or labels with trademarks;
(3) Product packaging with logo printed on it;
(4) A product webpage with trademark information and sales information on it.
1) Applicant's English name;
2) Applicant's English address;
3) Category and designated goods or services;
4) Use evidence and relevant information;
5) Using an affidavit;
6) Information and materials entrusted by American lawyers (if for foreign applicants);
7) Priority materials (if required).
1) Applicant's English name;
2) Applicant's English address;
3) Category and designated goods or services;
4) Information and materials entrusted by American lawyers (if for foreign applicants);
5) Priority materials (if required).
1) Applicant's English name;
2) Applicant's English address;
3) Category and designated goods or services;
4) Trademark registration certificates and their translations from other countries;
5) Trademark registration number of other countries;
6) Information and materials entrusted by American lawyers (for foreign applicants).
