Current location - Trademark Inquiry Complete Network - Trademark inquiry - Today, a buddy said that the registration of American trademarks can be divided into two parts: the main book and the deputy book. What's the difference between the two?
Today, a buddy said that the registration of American trademarks can be divided into two parts: the main book and the deputy book. What's the difference between the two?
The difference between the registration of the main book and the registration of the sub-book:

According to the Lanham Law, if the goods or services specified by the commodity trademarks or service trademarks of producers or sellers can distinguish the producers and sellers of goods or services, and distinguish the goods or services of producers or sellers from those provided by others, they are eligible to apply for the main book trademark. Unlike this, a trademark does not have the above functions stipulated in the Lanham Law, but only has the function of "distinguishing the applicant's goods or services", and can apply for the registration of a sub-book. In other words, the registration of the master book can not only distinguish the source of goods or services, but also distinguish the goods or services of the applicant. The registration of the vice book can only play a role in distinguishing the latter.

In addition, the American Trademark Law stipulates that the following words, symbols or marks are not allowed to be registered as trademarks: immoral or contrary to public order; Marks that are the same as or similar to some national flags, national emblems and international organization marks prohibited by international conventions and American laws; Marks used in the names or portraits of the world without my consent; Marks that may cause confusion in the market; Descriptive marks or marks whose descriptions are inconsistent with the contents of commodities, including place names with different places of origin, common surnames in the United States, etc.

However, the first four marks are absolutely excluded from the register; For the fifth mark, if it is considered that it has the function of distinguishing the products of one enterprise from those of other enterprises, it may be approved to register in the vice book. A trademark registered in the vice book may rise to the main book if it is proved to be fully qualified for trademark registration after five consecutive years of use. Therefore, the vice book is equivalent to the quasi-registration book.

There is an objection announcement procedure for the registration of the master book. If anyone thinks that the registration of the announced trademark will harm his interests, he can submit an objection to the American Judicial Appeals Board within 3 days from the date when the trademark is announced in the official gazette. There is no objection announcement procedure for the registration of the deputy book, but there is a trademark revocation announcement procedure, which is also announced in the official gazette. Anyone who thinks that the registration of the sub-book has harmed his interests may propose to cancel the registration of the sub-book.

when applying for registration of the master book, the applicant mainly applies to the United States Patent and Trademark Office on four bases: first, actual use, that is, the trademark to be applied for has been used in the United States before submitting the registration application. Second, the intention to use, that is, the trademark to be applied for has not been used in the United States when the application for registration is submitted, but it must be used in American commerce in good faith in the future. According to Article 1 (d) of the United States Trademark Law, the applicant must use the trademark of the application and submit a declaration of use within 3 years from the date of issuance of the approval notice at the latest, otherwise the trademark application will be revoked. Third, based on foreign registration, that is, nationals of countries that have treaty relations with the United States can submit trademark registration applications in the United States based on the domestic registration of their trademarks. Fourth, based on foreign application or foreign priority, that is, nationals of Paris Convention member countries can apply for priority in the United States based on domestic application within 6 months from the date of submission of domestic application. Applications submitted on the basis of priority should provide domestic registration certificate within the official time limit.

however, there is only one application basis for the registration of the sub-book, that is, it must be based on actual use, that is to say, the trademark must have been legally used in American commerce before applying for the registration of the sub-book.

it is worth noting that the same trademark can be registered in both the main book and the auxiliary book as long as it is based on "actual use". In addition to the above three foundations, you can only apply for master book registration.