Conditions of Registering US Trademark
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Conditions for US Trademark Registration
1.The applicant could be any natural or legal person. However, it is important to note that the U.S. Patent and Trademark Office also requires applicants to have a specialized agency in the United States and a legitimate U.S. mainland address.
2.The trademark logo applied for shall have obvious and prominent features, be easy to identify, and shall not conflict with the legal trademark patents obtained by others first.
3.Except in the case of non-registration under the legal system.
Four Basis of US Trademark Registration
1.Application submission based on Actual Use
Attaching a trademark to a commodity and selling it in more than two U.S. states (if the trade between China and the United States is sold in only one state) is deemed to be "used" and can be used as a basis for filing a federal registration with the U.S. Patent and Trademark Office (in this article, all U.S. registrations refer to federal registration).
In addition to the signature application, proxy and trademark design, the applicant should also provide the earliest use time of the trademark in any region, the earliest use time in the United States and three samples of the use of the trademark (Specimens). Effective use of trademarks refers to lables, packages, Sticks, hanging tags and nameplates attached to goods, which can reflect how trademarks are used in goods. If the real sample is not easily separated from the commodity or is too large, three pictures of the commodity or its packaging can clearly show the trademark can be provided. It must be noted that the actual samples or photographs provided for the use of trademarks are identical to the trademarks applied for registration.
2.Application based on Intend-to-Use
In addition to the signature application, proxy and trademark design, the applicant should also provide the earliest use time of the trademark in any region, the earliest use time in the United States and three samples of the use of the trademark (Specimens). Effective use of trademarks refers to lables, packages, Sticks, hanging tags and nameplates attached to goods, which can reflect how trademarks are used in goods. If the real sample is not easily separated from the commodity or is too large, three pictures of the commodity or its packaging can clearly show the trademark can be provided. It must be noted that the actual samples or photographs provided for the use of trademarks are identical to the trademarks applied for registration.
3.Application filed on the basis of Home Registration
To apply for registration in the United States on the basis of the domestic registration, we should pay attention to the following points: the registered trademark must be exactly the same as the trademark intended for registration in the United States, and there should not be any minor changes. Second, the scope of the goods, services specified in the domestic registration certificate must be greater than the scope of goods, services to be protected in the United States. Third, the applicant's name and address must be addressed. Bring into correspondence with. Fourth, when the same application is required, a certified copy of the domestic registration certificate (certified copy) and a swearing English translation are required.
We notice that many trademark applications registered by Chinese enterprises or individuals are submitted on the basis of actual use. However, in fact, only a few trademarks are actually used in the United States. The vast majority of applicants are only for the purpose of paving the way for future entry into the United States market. Therefore, as long as any third party provides strong evidence that a registered commodity is not used in the United States and is accepted by the United States Appeals Board (TTAB), the registration will most likely be revoked as a whole, rather than deleting some unused commodities.
4.Foreign Priority
Within 6 months from the date of application in China, the Chinese applicant may submit a trademark application in the United States based on the priority of domestic application, and apply for the application date in the United States by the domestic application date. It is necessary to submit the certified domestic applicant's certificate and the English translation of the oath. The trademark and the application must also be consistent with the domestic application. The basis of this article is to wait until the trademark is registered successfully in China and submit the corresponding registration certificate to the United States Patent and Trademark Office before it can be granted the registration certificate. If the registration is not successful in China, the application will be revoked. Therefore, the basic risk of choosing this article is relatively high, and it is seldom used in practice.
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