1 Submit a statement of continued use of the trademark

Article 8(b) of the U.S. Trademark Law states that a registered trademark announced under Article 12(c) of this law shall be registered A person should submit a declaration of use to the USPTO within one year before the expiration of the sixth year after registration (i.e. between the fifth and sixth years after trademark registration), stating that the trademark will continue to be used in commerce for designated goods/services. Or state that the registrant's non-use of the trademark is based on other special reasons, and such non-use does not mean abandonment of the trademark. Otherwise, upon the expiration of the sixth year from the date of publication of the registration, the USPTO will revoke the trademark registration.

In practice, it is not difficult to find that many registrants do not pay attention to or attach importance to this provision, thinking that they only need to wait for renewal before the expiration of the 10-year validity period to maintain the validity of the trademark. As a result, a large number of U.S. registered trademarks have been revoked due to failure to submit proof of continued use in a timely manner.

2 The right of incontestability

The U.S. Trademark Law stipulates that if a trademark registrant uses its registered trademark in the United States for five consecutive years from the date of trademark registration, then Registrants can obtain incontestable rights through application. An undisputed registration constitutes conclusive evidence that the registrant has the exclusive right to use his or her mark in trade. Furthermore, any third party can no longer request the US Appellate Board to revoke the trademark registration on the grounds that the trademark lacks distinctiveness.

This provision is very meaningful for registrants who actually sell their products in the United States. However, in practice, few people make good use of this right to protect their registered trademarks and defend their rights.

3 Renewal

The validity period of a U.S. registered trademark is 10 years, calculated from the date of registration. Within six months before the expiration date, the trademark owner may submit a renewal application to the USPTO.

Unlike other countries, when submitting a renewal application, the owner of a registered trademark still needs to submit a statement of use, stating that the trademark will continue to be used in commerce for designated goods/services, or stating that it is registered The person's non-use of the trademark is based on other special reasons, and such non-use does not mean abandonment of the trademark. Otherwise, the USPTO will revoke the trademark registration.

The U.S. trademark application registration process is relatively complicated. For Chinese companies or individuals who are preparing to apply for a trademark in the United States, they need to carefully check the trademark to be applied for, select goods/services that meet the specifications, and use appropriate trademarks before submitting the application. Submit the basis, only in this way can we avoid issuance of examination opinions during trademark review as much as possible and ensure the smooth registration of trademarks; Chinese companies or individuals who have applied for a US trademark or obtained a US registered trademark need to pay attention and pay attention to the latest status of their trademarks in a timely manner. Avoid trademark cancellation due to inadvertence.