1. The main differences between the two application processes
(1) Based on the fact that it has been used in the United States, the earliest date of use in the United States and the evidence showing the use of the trademark in the United States should be provided at the application submission stage (if it is a trademark of a product, the evidence used can be the physical picture of the product and its packaging with the trademark, the sales link of the product, the pictures of the product sold in American physical stores or exhibited at trade fairs, sales invoices, etc.). ); If it is an application for service trademark registration, the applicant can provide a logo, instruction, advertisement, business card, stationery or website that clearly indicates the trademark and is related to the specified service).
(2) Based on the application for intentional use, only one declaration of intentional use is required when applying, and the actual use certificate is submitted within six months after the application is approved.
2. General application process and required time
American trademark registration procedures can be roughly divided into five stages: application submission, trademark examination, examination or rejection of opinions (possible), application announcement and registration. For the intended use of trademarks, there is also a stage of supplementary use evidence. The total time from application submission to registration is 8- 12 months without objection.
(1) Application submission stage (2-5 days)
Prepare and submit all materials required for the application, such as the applicant's Chinese and English materials, trademark samples, product or service names, and use evidence (if any). After submitting the application (2-3 working days), the trademark application number will be issued.
(2) Trademark review stage (5-8 months)
If the application meets the most basic formal requirements, the application will be assigned to an examiner, and the USPTO examiner will examine the sign of the application for registration to see if it is in compliance with the law and conflicts with the registered trademark, and decide whether it can be registered.
(3) Review stage (possible)
If registration is not possible, the examiner will send a letter to the applicant explaining the specific technical or procedural problems, and the applicant must reply within 6 months after receiving the letter, otherwise it will be regarded as giving up the application. If only minor changes are needed in the application materials, the examiner will confirm the changes to the applicant by telephone or e-mail. If the applicant's defense fails,
The examiner will issue a final refusal. If the applicant refuses to accept the final rejection, he can appeal to the administrative court under USPTO, that is, the Trademark Trial Appeal Board.
(4) Trademark announcement stage (30 days)
If the examiner has no objection to the trademark applied for registration or the applicant successfully defends it, the trademark will be published in the USPTO trademark announcement (once a week). The announcement period is 30 days, and any third party may raise objections or request an extension of the time for raising objections.
(5) Registration stage
During the period of trademark announcement, if no objection is received, the Trademark Office will approve the validity of the registered American trademark as 10 year.
3. Problems that should be paid attention to after trademark registration
(1) Submit a declaration of continued use of the trademark.
Even if the trademark is valid for 10 year, the registrant shall submit a use statement to the US Patent and Trademark Office within one year before the expiration of the sixth year after registration (that is, between the fifth and sixth years after registration of the trademark), stating that the trademark continues to be used in the designated goods/services in the business, or stating that the registrant has not used the trademark for other special reasons. Otherwise, the US Patent and Trademark Office will cancel the registration of the trademark at the expiration of the sixth year from the date of publication of the registration.
(2) Update
The validity period of a registered trademark in the United States is 10 years, counting from the date of registration. Within 6 months before the expiration of the validity period, the trademark owner shall submit an application for renewal and a statement of use to the United States Patent and Trademark Office.