The United States is one of the first countries in the world to establish a trademark legal system. In 1870, the first Trademark Law in the United States was born. In 1946, the United States enacted the Lanham Act, which is the United States Trademark Law Amendment Act of 1946. In 1988, it was revised again and the "1988 Trademark Law Amendment" was formulated, forming a complete framework of the current trademark system in the United States.

1. The establishment of trademark rights adopts the principle of use

That is, in order to obtain trademark registration in the United States, the trademark must be actually used or prepared to be used, and must not be used or prepared to be used. A trademark cannot be registered in the United States, and therefore no trademark rights can be obtained. The establishment and protection of trademark rights are predicated on the legal fact of trademark registration. Only registered trademarks are protected by law. The law will investigate the copying, plagiarism, forgery and counterfeiting of such trademarks. Although the establishment and protection of trademark rights is predicated on trademark registration, it does not mean that whoever registers first will ultimately own the trademark rights. If someone else registers a trademark that is first used by others on the same or similar goods, the first use of the trademark will The person has the right to raise objections and request to be excluded and obtain the trademark rights of the trademark. This objection must be filed within the specified time, otherwise others will obtain an indisputable trademark. A trademark obtained federal registration in the United States can be presumed to be used in all states across the United States and is protected throughout the United States, regardless of whether it is registered or used in each state. If a trademark is protected only in the state where it is used and registered, it is not protected in other states.

2. Foreign trademarks are allowed to be registered in the United States, but the premise is that the trademark is used or intended to be used in the United States and registered in the country of origin

A registration application to the United States must be submitted Submit certificates and affidavits describing the use of the trademark, and submit evidence of registration issued by the country of origin. The application for registration in the United States must be exactly the same as the application in the country of origin. Trademarks registered in the United States must be actually used in the United States, and proof of use must be submitted within 6 months after registration. Otherwise, the registration may be revoked due to objections from others on the grounds of non-use, or the registration may be revoked directly by the US registration authority.

3. Types of trademarks that are allowed to be registered and protected

Including commodity trademarks, service trademarks, collective trademarks and badge trademarks, and their forms include flat trademarks, three-dimensional trademarks and auditory trademarks.

4. Protecting registered trademarks, maintaining normal trademark legal order, and protecting fair competition are the central links of the "1988 Trademark Law Amendment"

The protection of registered trademarks in the United States is through Implementation of heavy penalties for counterfeiting. Individual counterfeiters are subject to a fine of US$250,000 or a term of imprisonment of not more than 5 years for the first offense, and a fine of US$1 million or imprisonment of not more than 15 years for the second offense.

The Trademark Law also stipulates in detail the content of unfair competition lawsuits and regards infringement of registered trademarks as part of unfair competition.

5. Adopt the main and deputy department registration system for trademark registration

Trademarks registered in the main department have strict requirements on distinctiveness, while trademarks registered in the deputy department have strict requirements on distinctiveness. The requirements are relatively broad. Accordingly, trademarks registered in the main department are protected to a greater extent than trademarks registered in the deputy department.

According to the "1988 Trademark Law Amendment", some trademarks that cannot be registered in the main department can be registered in the deputy department. After being used for a period of time, the trademark will have a "secondary meaning", that is, the public will not recognize the trademark. After you have a certain understanding, you can be promoted to the main department registration. Therefore, although it is the goal of every trademark registration applicant to strive to register a trademark in the main department, if the main department cannot obtain registration, they can first strive to register in the deputy department.

6. Limited-time protection for registered trademarks

The protection period is 10 years, and renewals are allowed. Each renewal is valid for 10 years. The condition for the United States to provide renewal protection is that the registered trademark owner submits an application for renewal registration to the U.S. trademark authority within the specified time and goes through the relevant procedures. As long as the procedures are met, the renewal application will be approved.

For federally registered trademarks, the term of protection begins with the issuance of the federal registration number. The term of protection for a trademark registered in a state begins with the issuance of a state registration certificate. Under common law jurisdictions, the term of protection for goods does not begin until a company begins marketing its goods bearing a trademark mark.

7. Implement a separate system for establishing rights and protecting registered trademarks

That is, the function of establishing trademark rights is exercised by the Federal Patent and Trademark Office and the trademark authorities of the states, while the function of establishing trademark rights is The protection of human rights rests with the U.S. judicial authorities. Once a trademark is approved, it is quickly announced to the public through the issuance of a trademark announcement, and is entered into a computer and transmitted to trademark agencies and judicial authorities across the country, and the judicial authorities use this to accept infringement cases. Beijing WTO Affairs Information Network