1. The U.S. trademark registration process includes the following steps
1. Trademark design
(1) Originality, that is, the design of the trademark must be innovative; On the one hand, it must meet the requirements of distinctiveness; on the other hand, creative trademarks can easily expand the popularity of the product and quickly occupy the market;
(2) The name of the trademark should avoid being associated with the function of the product;< /p>
(3) The design of the trademark should highlight the theme and have a reasonable layout.
2. Trademark query
Trademark query can issue a query report, which can greatly reduce risks in the entire application and registration process.
3. Submit the application
The materials required for submission are:
1) Power of attorney for trademark registration. The applicant must sign and seal the power of attorney. .
2) Applicant qualification certification materials: Apply in the name of a company, attach a copy of the business license; apply in the name of an individual, attach a copy of the ID card or passport.
3) Clear trademark pattern (1 copy), Zhengpan will assist in processing the image size; electronic version of the pattern.
4) List the goods or services seeking registration and indicate the trademark category. The trademark classification can be queried from the "Trademark Classification Table" column of this website.
5) The first date of use of the trademark overseas and in the United States (documentary proof is not required); if the customer's trademark has not been used in the United States, the customer should prepare a "Certificate of Intention to Use".
6) If you have priority under the Paris Convention, please list in detail the goods or services involved in the priority and relevant certificates. Priority is granted within six months of the first application.
4. Apply for registered trademark: PTO (United States Patent and Trademark
Office) is responsible for federal government 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.
5. 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.
6. Objection: If it is not rejected 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.
7. Certificate issuance: If the application is based on the prior actual use of the trademark and no objection is raised, the PTO will issue a registration certificate 12 weeks after the announcement. If the trademark registration application is based on the applicant's statement that he will use the trademark in good faith, the PTO will issue a notification 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. If the registration application is successful, it will take 10-15 months. After successful registration, it will be valid for 10 years, and no additional fees will be charged during this period.
8. Use of trademarks
Trademark applicants must use the trademark or have the intention to use it. If a registered trademark has not been used for three consecutive years, it may be subject to cancellation due to non-use.
Use-based trademark applications or registered trademarks are transferable. Trademark applications based on intention to use are not transferable before submitting a declaration of use. The transfer contract does not stipulate that registration is required, but failure to register may not antagonize a third party. Trademark applications or registered trademarks are permitted. License contracts do not require registration.