Obtain a trademark by using a logo, word, slogan, or design in connection with the products or services your business provides. The key to establishing a trademark is actually using it in business. The strength of a trademark right depends on the distinctiveness of the mark, the length of time it has been used, and the size of the geographical area in which the mark is used. Although there is no legal requirement, trademarks filed with the United States Patent and Trademark Office are one of the most important intangible assets of an enterprise and play a pivotal role in international economic activities. International trademark transfer refers to the legal act by which the owner of an international registration transfers the exclusive rights to his or her internationally registered trademark to others.
Trademarks can be transferred, and international trademarks are a type of trademark and can be transferred. The so-called trademark transfer is the act in which the trademark registrant gives away, sells or transfers the registered trademark to others for ownership and exclusive use. So how long does it take for international trademark transfer and what are the restrictions and conditions for international trademark transfer. Below, Biaomei will introduce to you how to apply for a US trademark.
How to apply for a US trademark, you need to provide evidence of use of the trademarked product in the early or late application period; US trademarks adopt the first-to-use principle of protection.
1. How to apply for a US trademark in two situations?
Actual use: According to Section 1a of the U.S. Trademark Law, the applied trademark has been actually put into commercial use in the United States before the date of filing the application. Trademark use mainly means that products bearing the trademark have been sold in the U.S. market, services have been provided in the United States, or advertisements have been made in the U.S. media.
2. Intention to use: According to the provisions of Section 1(b) of the U.S. Trademark Law, that is, the applied trademark has not been actually put into commercial use in the United States when the application is submitted, but the applicant has commercially used the trademark in the United States. true intention.
2. How to apply for U.S. trademark registration and required information
If you submit a U.S. application based on "actual use", the applicant needs to provide:
Evidence that the trademark has been put into commercial use (such as providing at least one product photo or service brochure with a trademark pattern, etc.)
(2) The date of first use of the trademark in the United States and other countries/regions around the world (It needs to be accurate to the year and month)
An oath or statement that the trademark has been put into commercial use.
2. If a U.S. application is filed on the basis of “intention to use”, evidence of use must be submitted, usually within a maximum of three years from the date of issuance of the registration approval notice after the trademark has passed examination. Otherwise, the trademark application will be deemed abandoned.
3. U.S. trademark LOGO picture;
4. Qualification documents of the applicant, a copy of the ID card for the individual, and a copy of the business license for the company;
5. Product and service categories;
6. U.S. trademark registration application.
3. Timeline for applying for a U.S. trademark
1. Prepare all the materials, submit the application to the U.S. Intellectual Property Office, enter the formal review stage, and receive acceptance in 1-2 weeks Return receipt;
2. Then enter the substantive review, about 3 months;
3. Enter the 3-month announcement period;
4. Registration time 8 -10 months.
IV. Points of note for follow-up maintenance of US trademarks
1. The validity period of a US trademark is 10 years, and the trademark needs to be renewed once every 10 years before it can be used normally;
2. In the 5th year after registration, a U.S. trademark needs to provide the U.S. Trademark Office with the usage status of the trademark;
The above is what Bajie compiled on how to apply for a U.S. trademark? related content. Is everyone clear? If you are still unclear about trademark transfer, please feel free to consult a professional intellectual property consultant! International Trademark Transfer U.S. Trademark Registration Trademark Registration Application