1. U.S. trademark registration process

1. Application submission date

The United States Patent and Trademark Office (USPTO) is responsible for federal trademark registration. After receiving a registration application, the PTO will conduct a formal review to determine whether it meets the basic requirements for trademark registration. If it is met, the PTO will issue the date and issue a notification letter to the applicant two months after submitting the application. If the requirements are not met, all materials including the application fee will be returned to the applicant.

2. Review

Four months after submitting the application, the PTO examiner will be responsible for reviewing and deciding whether the trademark can be registered. If not, the examiner will send a letter stating the reason for return or the changes that need to be made. Applicants must respond within six months of receipt of the letter, otherwise the application will be terminated. If the applicant's response is untenable, the examiner will issue a final rejection. Applicants may appeal to the Trademark Examination and Appeal Board.

The main reason for rejection is that the previously registered trademark is similar to it. Descriptive trademarks related to the applied goods or services, trademarks with geographical names or other reasons may also be rejected.

3. Objection

If the registration application is not returned or the applicant’s reply is justified, the trademark will be printed on the trademark announcement. The PTO will send a notice to the applicant informing the applicant of the announcement date. The next 30 days are the objection period.

4. Issuance of certificate

If the application is based on the prior actual use of the trademark and no objection is raised, the PTO will issue the registration certificate 12 weeks after the announcement.

If the trademark registration application is still based on the applicant's statement that he will use the trademark in good faith, the PTO will issue a notification letter after 12 weeks. Within 6 months, the applicant can (1) use the trademark and submit a statement of use, or (2) apply for a 6-month extension. This period can only be extended if specifically noted. Once the declaration of use is submitted and approved, the PTO will issue a registration certificate.

2. Information for domestic applicants

Non-U.S. residents or companies must meet the following conditions before they can submit a registration application:

1. The United States and the applicant Used in commercial trade in the country to which it belongs.

2. The wish to use in good faith in commercial trade between the United States and the applicant’s country.

3. Register the application in the country where the applicant belongs (six months from the date of application).

4. The applicant has the exclusive right to trademark in the country where it belongs (with a registration certificate).

3. U.S. Trademark Registration Application Process

1. A lawyer applies to the U.S. Patent and Trademark Office on behalf of a company or individual. The application must include international classifications of all products or services, proof that the applicant has used the trademark, samples of the trademark, and application fees.

2. Two to five months after submitting the application to the U.S. Patent and Trademark Office, the Patent and Trademark Office will issue a receipt (Receipt). After receiving the receipt, you can indicate the word "TM" on the trademark.

3. There are two possibilities

(1) The examining attorney of the US Patent and Trademark Office sends you a so-called office action (also called a rejection letter). In the action letter, the Patent and Trademark Office examining attorney will explain what is wrong with your application. Common problems are that the product description does not meet the requirements, the trademark is unclear, the image does not meet the requirements, etc. For issues like this, the Patent and Trademark Office examining attorney will usually give you suggestions for changes. Another reason for action is that your registered trademark may be confused with an already registered trademark. In this case, American International Chamber of Commerce lawyers can further research application processing solutions.

(2) Receive the Notice of Publication from the Patent and Trademark Office. Within one month of publication in the newspaper, if no one objects, you will receive a registration certificate and registration notice (Notice of Allowance) issued by the Patent and Trademark Office. At this time, you can indicate TM, and your trademark will be officially registered.

4. After that, after you officially use the trademark, and within six months of receiving the registration notice, you must report it to the Patent and Trademark Office.

5. After six years, a Statement of Use must be submitted to the Patent and Trademark Office.

Otherwise, the Patent and Trademark Office will treat your trademark as automatically abandoned.

Applying for trademark registration in the United States requires four procedures: application, review, opposition, and certification. Applications require four procedures: filing an application, issuing a receipt, announcing a notification or processing action, and reporting. The U.S. trademark registration process is very complicated. Due to non-U.S. citizenship or language issues, it is recommended to hire an attorney to help you solve the problem to ensure that your registration process goes smoothly.