Search

Trademark- USA

Summary

US Trademark system adopts principle of first to use, and there are three filing basis:

  1. Used in commerce - the applicant can file the US Trademark application under this section if the mark has been used in commerce within USA by submitting evidences of use at filing and indicating the first date of use in commerce.
  2. Intent to use- the applicant can file the US Trademark application on this basis if the mark has not been used in commerce within USA. The evidences of use can be submitted after the US trademark application is allowed.
  3. Foreign registration- The applicant can file US Trademark application on this basis if the identical mark has been registered in other countries by submitting certified certificate of registration

Application Procedure

  1. Conducting similarity search: search and check whether there is similar prior trademark.
  2. Filing trademark application with USPTO: It takes about 6-9 months for USPTO to examine the trademark application.
  3. Publication: After US trademark application is approved by USPTO, the application will be published 30 days for opposition by third party.
  4. Registration:
    (1) For application filed on the basis of used in commerce: the trademark application will be registered directly if no opposition is filed.
    (2) For application filed on the basis of intent to use: USPTO will issue notice of allowance if no opposition is filed. The applicant shall submit evidences of use with first date of use in the world and first date of use in commerce.
    (3) For registration in foreign country: the trademark application will be registered directly if no opposition is filed.
  5. Declaration of use between 5th-6th year as of registration date: The declaration with use evidences shall be filed within 5-6th year after registration.
  6. Renewal: The renewal with evidences of use shall be filed before 10th year from registration date.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English.
  2. International classification and designated goods/services
  3. Mark specimen in JPEG
  4. Evidences of use in commerce(if the filing basis is used in USA)
  5. Power of Attorney
TOP