according to the trademark law of the United States,? To the United States Patent and Trademark Office (U? S? P? a? t? e? n? t? a? n? DTrademark Office) can submit a trademark application for the following four reasons:
1. In commercial activities, the applied trademark is actually used;
2.? In commercial activities, trademarks applied for based on real intention to use;
3.? Having registered the same goods and services in other Paris Convention countries; And
4. Other countries that are parties to the Madrid Agreement have registered the same goods and services, and put forward the requirement of expanding the protected areas. The United States is one of the few countries in the world that allows trademark applications based on "intentional use". Without foreign registration,
the trademark holder only needs to have used the trademark in commercial activities before registration with the U.S. Patent and Trademark Office.
If you want to successfully register and hold the applied trademark in the United States, it plays a very key role in the "use" of the trademark. In addition to trademarks that have been registered abroad, the previous use is very important in order to obtain federal trademark registration in the US Patent and Trademark Office. The requirement of this use is based on an important policy behind American trademark law, that is, the purpose of using trademarks is to protect trademark holders and consumers, so that they can locate and distinguish the sources of various products and services. Therefore, in order to achieve relevant policy objectives, the US Patent and Trademark Office will require applicants to submit evidence of trademark use before registration. Even in good faith "?
intentional use "? In the application, this requirement is also essential.
application procedure in the U.S. Patent and Trademark Office
In the United States, no matter what reason an application for trademark registration is submitted, it is examined by a trademark examiner to determine whether it meets the legal requirements of the application and whether it can be registered. In some cases, the trademark examiner will also issue a notice of the examination decision of the Patent and Trademark Office, and the applicant will reply.
if the submitted application meets all the application requirements and is registrable, it will be announced for 3 days. If no objection is raised within the 3-day period, and the US Patent and Trademark Office accepts the "allegation of use" proposed by the applicant, the trademark will enter the registration procedure. During the notice objection period, what application reasons will affect the speed of the US Patent and Trademark Office's approval of registration? For example, an application based on actual use or registration abroad at the time of announcement does not need to submit supplementary materials, so it can be processed relatively quickly. In contrast, after the announcement, the United States Patent and Trademark Office will issue a "license notice" for applications based on intentional use. From the date of issuing the notice, the "use declaration" can be submitted within 36 months at the longest. Within 6 months from the issuance of the License Notice, the applicant is required to provide a "Statement of Use". However, the applicant can apply for an extension of six months to submit the "Declaration of Use". The delay in submitting the "Statement of Use" can be extended for up to 5 times and up to 36 months.