Based on whether the trademark is currently used in the United States, U.S. trademark registration applications can be divided into two types: actual use and intended use.

1. The main differences between the two types of application processes

(1) Based on the trademark having been used in the United States, the earliest date of use in the United States and the ability to display the trademark must be provided during the application submission stage Evidence of use in the United States (if it is a product-related trademark, the evidence of use can be physical pictures of the product and product packaging with the trademark, product sales links, pictures of the product being sold in physical stores in the United States or exhibited at trade fairs, and sales invoices etc.; if it is a service trademark registration application, the applicant can provide logos, brochures, advertisements, business cards, stationery or websites that clearly display the trademark and are related to the designated services).

(2) If it is based on intention to use, you only need to submit a statement of intention to use when applying, and then submit a proof of actual use within six months after the application is approved.

2. General application process and time required

The U.S. trademark registration process can be roughly divided into application submission, trademark review, review or rejection opinions (possible occurrence), application announcement, There are five stages of registration. For trademarks that are intended to be used, there is also a stage of submitting evidence of use. The time required from submitting the application to registering the general *** is 8-12 months if there are no objections.

(1) Application submission stage (2-5 days)

Prepare and submit all information required for the application, such as applicant’s Chinese and English information, trademark samples, products or Service name, evidence of usage (if any). A trademark application number will be issued after the application is submitted (2-3 working days).

(2) Trademark examination stage (5-8 months)

If the application meets the most basic formal requirements, the application will be assigned to an examiner, USPTO The examiner will examine the mark applied for registration to see whether it complies with the provisions of the law, whether it conflicts with a registered trademark, and decides whether it can be registered.

(3) Examination opinion stage (possible occurrence)

If registration cannot be achieved, the examiner will send a letter to the applicant explaining the specific technical or procedural problems that have arisen. The applicant must Respond within 6 months after receiving the letter, otherwise the application will be considered abandoned. If only minor changes are needed in the application materials, the examiner will call or email the applicant to confirm the changes. If the applicant's defense fails,

the examiner will issue a final rejection. If the applicant is dissatisfied with the final rejection, he or she may appeal to the Trademark Trial and Appeal Board, an administrative tribunal under the USPTO.

(4) Trademark announcement stage (30 days)

If the examiner has no objections to the trademark applied for registration or the applicant successfully defends the trademark, the trademark will be published in the USPTO's trademark announcement (once a week). The announcement period is 30 days, and any third party may raise objections or request an extension of the time for raising objections.

(5) Registration stage

During the trademark announcement period, if no objections are received, the Trademark Office will approve the registration of the US trademark for a period of 10 years.

3. Issues that need to be paid attention to after trademark registration

(1) Submit a statement of continued use of the trademark

Even if the trademark has a validity period of 10 years, the registrant should Submit a statement of use to the USPTO within one year before the expiration of the 6th year after registration (i.e. between the 5th and 6th years after trademark registration), stating that the trademark will continue to be used in commerce for designated goods/services, or declare The registrant's failure to use the trademark is due to other special reasons. Otherwise, upon the expiration of the 6th year from the date of publication of the registration, the USPTO will revoke the trademark registration.

(2) Renewal

The validity period of a U.S. registered trademark is 10 years, calculated from the date of registration. Within 6 months before the expiration date, the trademark owner must submit a renewal application and statement of use to the USPTO.