Beijing Wuyi International Intellectual Property will answer your question. Compared with Chinese trademark law, some of the main provisions of U.S. trademark law in terms of registration have the following different characteristics.

Principle of first use

The United States is a country with common law system. Trademark registration in the United States implements the principle of “first use”, that is, the first user of a trademark obtains legal protection. U.S. law stipulates that there must be trade and actual use of a trademark before it can obtain legal protection for a trademark. Although the registration system has been introduced in the United States, "prior use" is still a prerequisite for applying for registration. In 1988, the U.S. Trademark Law was revised to allow applicants to apply for trademarks based on “intent to use” and loosened the prior use principle. In fact, the registration application based on "intention to use" stipulated in the 1988 Amendment still has a strong color of "use". The applicant can only use it within 36 months and submit proof of true use to the Trademark Office. It is possible to obtain trademark registration.

On the basis of the "first use" principle, a trademark can be registered or not. Unregistered trademarks can still obtain legal protection as long as they are in use: when suing for infringement, evidence of prior use must be provided. The registration of a trademark indicates the special rights of the trademark registrant. After 5 years of registration, the trademark will not allow other users of the same trademark to raise various disputes. In addition, the owner of a registered trademark has the right to pursue legal liability against trademark counterfeiters and demand financial compensation. If a company or individual's trademark is not registered, the first user of the trademark can only request the court to stop the trademark infringer's use, but cannot obtain corresponding financial compensation.

Main and Sub-Registration Registration System

Trademark registration at the U.S. Patent and Trademark Office is divided into two parts: “Main Registration” and “Sub-Registration”, which is different from that in the United Kingdom and some British The trademark register of federal countries is divided into two parts, a and b, which are very similar.

The difference between a trademark being registered in the "Main Register" or the "Deputy Register" is based on whether the trademark is distinctive. The United States registers trademarks that are not distinctive and lack secondary meaning, but are capable of distinguishing the applicant's goods or services, into the "Supplementary Register."

The following situations cannot obtain "Master Registration" in the United States: marks that violate moral or public order; flags, emblems, marks, etc. of the US country, state or other countries; A mark that uses another person’s name or likeness with the consent of another person; a mark that is identical or similar to someone else’s registered trademark, previously used trademark or trade name that may cause confusion, misunderstanding or deception; a mark that is illustrative, false or deceptive in describing the goods. marks, geographical names and place names and marks that are inconsistent with the place of origin.

If a trademark registered in the "Deputy Register" is proven to meet the requirements for registered trademark after a certain period of use, it may be upgraded to the "Main Register". Therefore, the "auxiliary register" is equivalent to the "quasi-register register".

Under the "prior use" system adopted in the United States, trademark registration does not have the effect of producing trademark rights. It is only preliminary evidence of obtaining trademark rights. Within 5 years after registration, the first user can object to the trademark registration of others and request the cancellation of the trademark registration. Actual use of a trademark is one of the important conditions for obtaining exclusive rights to a U.S. trademark. Therefore, when applying for federal registration, a trademark applicant must declare the date of actual use of the trademark, and the trademark must be used continuously within 5 years after registration. A trademark registered in the main register is announced to the whole country as preliminary evidence of the acquisition of trademark rights. If no one raises an objection within 5 years from the registration date or the objection is not established, the registration will become conclusive evidence of the acquisition of trademark rights and can be stopped accordingly. Trademark infringement and the import of infringing goods, while trademarks registered in the "Vice Book" do not enjoy the above rights.

Two-level registration at federal and state level

In the United States, trademark users can choose to register their trademarks federally or in the state where business occurs. Federal registration is carried out in accordance with the federal trademark law with the federal registration agency, the United States Patent and Trademark Office. Federally registered trademarks can be used nationwide and receive protection under federal trademark laws. If you want to apply for a trademark in the federation, you must prove that the trademark has been used and has business in two or more states or other countries before it will be accepted by the Federal Trademark Office.

In addition to federal trademark law, every state in the United States has trademark legislation, has "state-level registration rights" for trademarks, and has state-level registration authorities. State trademark laws are limited to those trademarks that regulate use in commerce and do not extend beyond state boundaries. Trademarks registered in each state may only be used in that region. In the United States, the regional characteristics of trademark rights are not only reflected between countries, but also between states. However, no state trademark office has the right to accept trademark registration applications from foreigners. Even if the scope of foreigners' trading activities in the United States is limited to only one state, they can only apply to the Federal Patent and Trademark Office to obtain trademark registration.

A business can register a federal trademark or register it only in a certain state, but the legal protection it receives varies greatly depending on federal and state laws. Generally speaking, trademarks that are not registered with the U.S. Patent and Trademark Office are only protected by the laws of the state where they are located, and will not receive statutory compensation if they are infringed. And if it conflicts with a federally registered trademark, then the federally registered trademark has priority to use and be protected.

Trademark constituent elements are broad

Compared with the constituent elements of Chinese trademarks, the constituent elements of trademarks allowed to be registered under the US trademark law are much broader, which also means that the constituent elements of US trademark protection are much broader. Wider scope. With the passage of time and the progress of society, some new components have gradually been accepted by U.S. trademark law.

According to Section 45 of the Lanham Act, trade marks, service marks, collective marks, and certification marks may consist of "words, surnames, symbols, designs, or a combination thereof." Among them, the words and expressions such as "symbol" and "design" are relatively abstract, but at the same time they are given rich and extensive connotations. Generally speaking. The components of a trademark in the United States include words, colors, smells, sounds, product packaging and design, etc.

Word trademarks include words, phrases, letters and numbers, etc., and are the most common form of trademarks. A combination of letters and numbers can be used as a trademark, such as "3m"; a trademark that only uses numbers and letters can also be registered if it acquires a secondary meaning through use, such as "7-eleven" convenience store.

Color trademarks can generally be used as a component of a trademark, forming a trademark together with words, letters, numbers, patterns, etc., or a combination of several colors to form a trademark. However, the issue of single-color registered trademarks was not resolved in the United States until the Supreme Court ruled in the "Quaritex" case in 1995. This case ruled that the single color "gold-green" can be protected as a trademark.

The smell trademark was determined through the "Clark" case in 1990. The case found that the floral scent Ms. Clark used on her sewing and embroidery threads could be registered as a trademark.

The first sound trademark to be registered as a trademark in the United States was the three bells registered by "nbc" for its broadcast services. In addition, we are familiar with the music sound of Intel chip advertisements, the music sound of Microsoft Windows operating system users booting up, etc.

"Location of label" can also be registered as a trademark. Levi's attaches a rectangular fiber tag to the right back pocket of jeans to indicate the origin of the product.

Two-dimensional descriptions of products, such as "Mr. Peanut" and "Comedy Company", are such trademarks.

The appearance of goods refers to the packaging and design of goods, including the packaging of service goods, such as the overall layout of a McDonald's fast food restaurant. The shape of the famous Coca-Cola glass bottle is also registered on the U.S. Master Register of Trademarks.

The trademark registration system in the United States has certain reference significance for China, although understanding it requires a process. The legal process must be an objective need of the economic development process. Compared with the United States, China's economic development determines that China's trademark system still has a long way to go.