Step One: Determine the Processing Channel
The United States is a party to the Madrid Pure Protocol and can submit US applications through the Madrid method. However, considering the large number of processing practices and related practices, it is recommended that the United States Choose the single registration method for trademark application. The specific analysis is as follows: 1. The Madrid trademark international registration method is to extend the domestic applied or registered trademark to the United States. If the trademark pattern actually used by the enterprise in the United States is not like this, the trademark pattern cannot be changed through Madrid. ; 2. The trademark legal system in the United States is very developed, and the regulations on products are also very strict. Broad product names with larger concepts are usually not accepted. When applying in Madrid, even if it is limited to the U.S. member states, it is often difficult to pass it at once. Therefore, , we often find that US applications submitted by companies (through Madrid) encounter official review opinions, and this review opinion cannot be revised through the Madrid procedure. Therefore, if the United States is designated through Madrid and encounters review opinions, it will increase the registration cost; 3. Through The single method of processing in the United States is often faster than the Madrid extension method;
Therefore, it is recommended that customers who plan to apply for a trademark in the United States choose the single method to handle it, which will be more conducive to obtaining registration and protection in the United States.
Step 2: Inquiry
The United States does not provide official inquiry. If you need to entrust a foreign lawyer to inquire, if you plan to register an English trademark, our company can do it for free. Provide preliminary inspection services. If the initial inspection results are satisfactory, then you may consider whether to conduct a paid inquiry.
Step 3: Determine the basis for application. The United States is a usage-based country, which places more emphasis on the use of trademarks. Only used trademarks can receive stronger protection in the United States. When submitting a trademark application, the commonly used basis for registration is (1) Already used in the United States; (2) Preparing to use in the United States (intention to use). If you choose to submit on the basis of (2), you need to receive the approval Evidence of use and an oath must be provided within 6 months after the notification of approval (
NOTICE OF ALLOWANCE) (you can apply for extensions up to 5 times). Those who submit with intention to use need to pay the oath fee after receiving the NOA.
Step 4: Submit a U.S. trademark application
Materials required for U.S. trademark registration: (1) Applicant’s name and address in Chinese and English; (2) Application confirmation form (signed by the applicant) ); (3) Copy of ID card or business license; (4) Trademark pattern (an electronic version is sufficient); (5) If submitted on a used basis, evidence of use is required, usually a product photo Or label, if you intend to use it, please submit it after receiving the NOA.
Step 5: Trademark review pending
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