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What are the main characteristics of U.S. trademark registration?

What are the main characteristics of U.S. trademark registration? 1. U.S. trademark registration adopts the "first use" principle. U.S. trademark registration adopts the "first use" principle. Even if the trademark is registered by others, the trademark must be used first. Users of the trademark still enjoy the priority right to use, that is, the first user of the trademark obtains legal protection. On the basis of the "first use" principle, a trademark may or may not be registered. Unregistered trademarks can still obtain legal protection as long as they are in use: when a lawsuit is filed due to infringement, evidence of prior use must be provided. The registration of a trademark indicates the special rights of the trademark registrant. After 5 years of registration, the trademark will not allow other users of the same trademark to raise various disputes. In addition, the owner of a registered trademark has the right to pursue legal liability against trademark counterfeiters and demand financial compensation. If a company or individual's trademark is not registered, the first user of the trademark can only request the court to stop the use of the trademark infringement, but cannot obtain corresponding financial compensation. 2. Primary and secondary register registration system. The trademark registration of the United States Patent and Trademark Office is divided into two parts: "main register registration" and "auxiliary register registration". The trademark registration books of the United Kingdom and some Commonwealth countries are divided into two parts: A and B. similar. The difference between a trademark being registered in the "Main Register" or the "Deputy Register" mainly lies in whether the trademark is distinctive. The United States registers trademarks that are not distinctive and lack secondary meaning, but are capable of distinguishing the applicant's goods or services, into the "Supplementary Register." A trademark registered in the "Deputy Register" has the possibility of being "registered". After a certain period of use, it proves that it fully meets the conditions for registered trademarks, and it may be promoted to the "Main Register". 3. The constituent elements of a trademark are relatively broad. The constituent elements of a trademark allowed to be registered under the U.S. Trademark Law must be broad, which also means that the scope of trademark protection in the United States is wider. According to Section 45 of the Lanham Act, trade marks, service marks, collective marks, and certification marks may consist of "words, surnames, symbols, designs, or a combination thereof." Among them, the words and expressions such as "symbol" and "design" are relatively abstract, but at the same time they are given rich and extensive connotations. Generally speaking. The components of a trademark in the United States include words, colors, smells, sounds, product packaging and design, etc. 4. Region: Two-level registration at the federal and state levels. American trademark users can choose to register their trademarks at the federal level or in a state where business occurs. Federally registered trademarks can be used nationwide and are protected by federal trademark laws. When applying for federal trademark registration, you must prove that the trademark has been used and has business development in more than two states or other countries before the Federal Trademark Office will accept it. In addition to federal trademark law, every state in the United States has trademark legislative power, has "state-level registration rights" for trademarks, and has state-level registration authorities. State trademark laws are limited to those trademarks that regulate use in commerce and do not extend beyond state boundaries. This also restricts the trademark registered in each state to only be used in the state or region. No state trademark office has the right to accept trademark registration applications from foreigners. Even if a foreigner only engages in business activities in one state in the United States, he can only apply to the Federal Patent and Trademark Office if he wants to obtain trademark registration. A U.S. trademark can be registered federally or only in a certain state, and the legal protection it obtains is quite different. Generally, trademarks that are not registered with the U.S. Patent and Trademark Office are only protected by the laws of the state where they are located, and will not receive statutory compensation if they are infringed. If it conflicts with a federally registered trademark, the federally registered trademark has priority to use and be protected. The differences in trademark laws between various countries are still relatively large. The registration of trademarks is also closely related to the local legal system, economic development and actual social conditions. If we simply apply for a trademark in our country, registering a Chinese trademark and registering a US trademark, there will definitely be some differences in the procedures and materials submitted. However, no matter which country it is in, trademark registration is under the jurisdiction of the local trademark office. .