Step 1: Determine the way to handle it
The United States is a party to the Madrid Protocol, and it can submit an American application through Madrid. However, considering a large number of handling practices and related practices, it is suggested that the United States choose a single registration method for trademark application. The specific analysis is as follows: 1. The international registration of Madrid trademarks is to extend the trademarks applied or registered in China to the United States. If the trademark patterns actually used by enterprises in the United States are not like this, they cannot pass Madrid. 2. The trademark legal system in the United States is very developed, and the regulations on products are also very strict. Generally, the broad product names with big concepts are not accepted, and it is often difficult to pass the American application in Madrid at one time even if the membership of the United States is limited. Therefore, we often find that the American application submitted by enterprises (through Madrid) encounters official review opinions, which cannot be revised through Madrid procedures. Therefore, if the review opinions are met, the registration cost will increase. 3. Dealing with the United States in a single way is often faster than the Madrid extension;
Therefore, it is suggested that customers who intend to apply for a trademark in the United States choose a single way to handle it, which will be more conducive to obtaining registration and protection in the United States.
Step 2: Inquiry
The United States does not provide official inquiry. If you need to inquire, you need to entrust a foreign lawyer to inquire. If you plan to register an English trademark, our company can provide initial inquiry service for free. If the initial results are satisfactory, then you should consider whether to make a paid inquiry.
Step 3: Determine the application basis. The United States is a utilitarianism country, and it emphasizes the use of trademarks. Only the used trademarks can be better protected in the United States. When submitting a trademark application, the commonly used bases for applying for registration are (1) already used in the United States; (2) If it is intended to be used in the United States (intended use), if it is submitted on the basis of (2), it is required to provide evidence of use and an oath within 6 months after receiving the notice of approval (
NOTICE OF ALLOWANCE) (at most, it can apply for an extension of 5 times), and those submitted with intended use need to pay the oath fee after receiving NOA.
Step 4: Submit the American trademark application
The materials required for American trademark registration: (1) the name and address of the applicant in both Chinese and English; (2) Application Confirmation Form (signed by the applicant); (3) Copy of ID card or business license; (4) Trademark pattern (just provide an electronic version); (5) If it is submitted on the basis of already used, it is necessary to provide evidence of use, usually product photos or labels. If it is submitted to the user, it will be supplemented after receiving NOA.
step 5: the actual examination of the trademark is pending.