The US trademark is under the jurisdiction of the United States Patent and Trademark Office, USPTO. It is different from most countries and adopts a "first to use" system. Therefore, evidence of trademark use is a very important part of the application process.
There are two ways to apply for a US trademark: 1. Single country application; 2. Designation of the United States as one of the filing countries through the Madrid trademark.
The US trademark application period is about 12-18 months. If it be refused, the application time will be extended. After the trademark application is submitted to the USPTO, the trademark application receipt can be obtained within 7 days. >> Apply now
Materials required for filing of trademark application in United States
1. Individual application: ID card copy with front and back.
Company application: Copy of certificate of incorporation
2. Applicant's name and address with Chinese and English.
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services (※Nice Classification, NCL)
5. Applicants who have actually used the trademark must provide proof of use
※ Proof of use: including the date of first use in the United States, the date and country of the first use of the trademark.
United States trademark application process
STEP 1. Application
After submitting the required documents and fees, applicants will get an application receipt within about 1 week.
STEP 2. Formal and Substantive examination
During the review period of about 3 months, the reviewer will review the submitted documents for errors and whether they are unregistrable reasons to be registered. Within 6 months of issuing the notice, applicants must reply or make corrections. Failure to make corrections or reply after the due date is deemed to have been abandoned.
STEP 3. Announcement
After passing the substantive review, an announcement notice will be issued and a three-month announcement will be made at Office Gazette. Anyone can file an opposition procedure against the trademark during the announcement period, and the opposition period is within 30 days from the announcement date.
STEP 4. Registration
During the announcement, no one raised any objection to the trademark, the official will issue an approval notice. The certificate can be obtained in about 3-6 months. During this period, applicants who apply for "Intent to use" should submit proof of use within 6 months after issuing the approval notice. The certificate will be obtained about 3- 6 months after the review is passed.
※Notices:
1. During the fifth and sixth year after the date of registration, a Declaration alleging continued use of the mark must be filed with the USUSPTO along with current specimens.
2. Once the USPTO has approved the Statement of Use the mark will proceed to registration. The registration certificate generally issues within three to four months after approval. The entire registration process can take form twelve months to two years assuming everything goes smoothly and any objections can be overcome. A U.S registration is valid for ten years from the date of application.
3. After the trademark registration has not been used for three consecutive years, anyone can propose "abolition" of the trademark, so that the trademark registration is revoked.
