according to the actual situation of whether the trademark has been used in the United States at present, the application for trademark registration in the United States can be divided into two types: actual use and intentional use.

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

(1) Based on those that have been used in the United States, it is necessary to provide the earliest date of use in the United States and the evidence that can show the use of the trademark in the United States at the application submission stage (if it is a trademark of a product, the evidence of use can be the physical map of the product and product packaging with the trademark, the product sales link, the pictures of the product sold in American physical stores or exhibited at trade fairs, sales invoices, etc.); If it is an application for service trademark registration, the applicant can provide signs, brochures, advertisements, business cards, stationery or websites that clearly show the trademark and are related to the specified service).

(2) For intentional use, only one declaration of intentional use is required when applying, and the actual use certificate will be submitted within six months after the application is approved.

2. General application process and required time

The registration procedure of American trademarks can be roughly divided into five stages: application submission, trademark examination, examination or rejection (possible), application announcement and registration. For the intended use of trademarks, there is also a stage of supplementary use evidence. The time from submitting the application to registering is 8-12 months without any objection.

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

Prepare and submit all the information required for the application, such as the applicant's Chinese and English information, trademark sample, product or service name, and use evidence (if any). After the application is submitted (2-3 working days), the trademark application number will be issued.

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

If the application meets the most basic formal requirements, the application will be assigned to an examiner, and the USPTO examiner will review the logo applied for registration to see if it conforms to the law and conflicts with the registered trademark, and decide whether it can be registered.

(3) Review stage (possible)

If the registration is not possible, the examiner will send a letter to the applicant explaining the specific technical or procedural problems, and the applicant must reply within 6 months after receiving the letter, otherwise it will be considered as giving up the application. If only minor changes are needed in the application materials, the examiner will confirm the changes to the applicant by phone or E-mail. If the applicant's defense fails,

the examiner will issue a final rejection. If the applicant refuses to accept the final rejection, he may appeal to the administrative tribunal under USPTO, that is, the Trademark Trial Appeals Board.

(4) Trademark announcement stage (3 days)

If the examiner has no objection to the trademark applied for registration or the applicant successfully pleads, the trademark will be published in the USPTO trademark announcement (once a week). The announcement period is 3 days, and any third party may raise objections or request an extension of the time for raising objections.

(5) Registration Stage

During the period of trademark announcement, if no objection is received, the Trademark Office will approve the validity of the registered American trademark for 1 years.

3. Issues needing attention after trademark registration

(1) Submission of a declaration of continued use of the trademark

Even if the trademark has a validity period of 1 years, the registrant shall submit a declaration of use to the US Patent and Trademark Office within one year before the expiration of the sixth year after registration (that is, between the fifth and sixth years after trademark registration), stating that the trademark continues to be used in designated goods/services in business, or stating that the registrant has not used the trademark on the basis of. Otherwise, at the expiration of the sixth year from the date of publication of the registration, the US Patent and Trademark Office will cancel the registration of the trademark.

(2) Renewal

The validity period of a registered trademark in the United States is 1 years, counting from the date of registration. Within 6 months before the expiration of the validity period, the trademark owner shall submit an application for renewal and a statement of use to the US Patent and Trademark Office.