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We all know that a trademark is a brand that protects one's company, and applying for a trademark in the United States is also a good way to protect one's company's interests. Trademark protection in the U.S. is relatively well-developed, not only to prevent counterfeit goods from entering the U.S. market, but also to prevent others from applying for another trademark for the same or potentially misleading consumer trademark for the category of goods or services you are exclusive. Therefore, applying for a U.S. trademark can be a good way to stop the malicious competition of competitors and protect their own interests.
So how long can you use your own U.S. trademark?
Let our company tell you accurately, the United States trademark application is subject to a period of use, after the trademark application is successful is ten years, if it is ten years, if you want to continue to use, you need to renew the trademark to continue to enjoy the right to use the trademark, if you want to obtain the right to use the permanent, you need to renew the trademark all the time. Renewals can be made twelve months before the expiration of the validity period and the renewal fee is paid, and each renewal is valid for ten years. There is no limit to the number of renewals.
If you do not apply within this period, you will be given a grace period of six months. If the applicant fails to renew the registration during the grace period, the Trademark Office will cancel the trademark and make a public announcement.
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Hello, registered trademarks in the United States, like registered trademarks in other countries and regions, have problems such as long application time, complex preparation materials, and high review risk. However, the brand protection that can be brought to the enterprise by the successful application of the trademark is also extremely comprehensive.
U.S. Trademark Application and Registration:
1. Qualifications of applicants:
1) A person who has used a trademark in the United States can apply for trademark registration.
2) A person who intends to use a trademark in the United States can also apply for trademark registration.
2. Information required for U.S. trademark application
1. Apply as a legal person, with a copy of the "Business License" or a valid registration certificate stamped with the official seal; 1 copy of personal identification document attached to the application as a natural person;
3. Electronic version of the trademark standard;
4. Product name and category;
5. The applicant submits a declaration of good faith use of the trademark, stating what kind of product or service the trademark will be used (intended to use);
6. The applicant provides a statement of true use of the trademark in business (actual use).
3.Application Process:
1) Formal examination: After the application is submitted, the legality examination of the submitted application documents, trademark drawings and other documents shall be conducted; If the requirements are met, the filing date and application number will be granted.
2) Substantive examination: According to the law, the trademark is examined to see whether it is registrable, whether it is the same or similar to the previously registered trademark, and whether it violates the prohibition clause of the Trademark Law.
3) Announcement: After examination, the examiner finds that the trademark application is acceptable, and then publishes a notice in the official U.S. Trademark Gazette. The opposition period is 1 month from the date of publication.
4) Submission of a declaration of use: After the above procedure, the Trademark and Patent Office issues a "notice of allowance", which is not a registration certificate; Within 6 months of the issuance of the "Notice of Permission", the applicant must provide a statement of bona fide use of the trademark in commerce, or apply for a reserved trademark.
5) Registration approval: After receiving the declaration of true use, the Trademark and Patent Office will conduct another examination.
A certificate of registration is issued if, after review, it is decided to accept a declaration of genuine use. The entire smooth application process (if there is no rejection, opposition, etc.) takes about 9-12 months.
4.Expiration date:10 years from the date of registration, if the registration expires and needs to continue to be used, the application for renewal of registration shall be 6 months before the expiration of the registration period, and the validity period of each renewal registration is 10 years.
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The official answer of the World Intellectual Property Organization (WIPO)**: A trademark is a distinctive sign that indicates that a good or service is produced or provided by a specific person or enterprise. The origins of trademarks can be traced back to ancient times, when artisans stamped their signatures or "marks" on their works of art or utilitarian products.
Over time, these marks evolved into today's trademark registration and protection system. This system helps consumers to identify and purchase a product or service because the nature and quality of the product or service, as indicated by a trademark distinctive to the product or service, meet their needs.
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It takes about two weeks for the U.S. Trademark Office to issue a Notice of Acceptance; The Trademark Office completes the preliminary examination within about 9 months from the date of receipt of the trademark registration application; The announcement time for the preliminary examination is 3 months; The time to complete the entire trademark registration is 12 months.
Registered a U.S. trademark.
The term of use after successful trademark registration is 10 years, if you want to continue to use it after 10 years, you need to apply for trademark renewal to continue to enjoy the right to use the trademark, if you want to obtain the right to use it permanently, you need to renew the trademark all the time, and you can renew it and pay the renewal fee 12 months before the expiration of the validity period. Each renewal is valid for 10 years. There is no limit to the number of renewals.
If you do not apply within this period, you will be given a six-month grace period. If the renewal of the registration is not filed within the grace period, the Trademark Office will cancel the registered trademark and issue a public announcement.
For more information on U.S. trademark registration, please consult with Gaowo. Gaowo has many trademark cases and patent cases every year, and has trademark legal cases such as trademark opposition, reexamination and administrative litigation, making it more professional and trustworthy in the field of trademark legal cases. For more information, it is recommended to consult Gaowo.
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What is the time and cost of trademark registration in the United States? The U.S. trademark registration is a key link in entering the U.S. market and expanding the influence of international film brands. As more and more enterprises go global (USPTO) new regulations have caused many cross-border sellers and intellectual property ** merchants to panic, many cross-border sellers have bluntly stated that the cost of trademark registration may increase in the future.
The cost of applying for a U.S. trademark registration: official fee ($250) + attorney's fee ($80-$100) + ** fee.
1. U.S. Trademark Official Fees: The U.S. Patent and Trademark Office (USPTO) official fees will not be refunded regardless of whether the trademark is successfully registered or not; Official fees basically increase every other year. Due to the increasing number of trademark applications and the increasing labor cost of examination, it is natural that the official fee will gradually increase.
2. U.S. attorney's fees: The USPTO stipulates that the registration of a U.S. trademark must be filed by a local U.S. lawyer, and others cannot apply. The fees of a lawyer in the United States are very expensive.
Charged on an hourly basis in US dollars. If the seller goes directly to a lawyer, the fee will be high. On the contrary, the legal fees for cooperation are cheap.
3. **Service fee: Since international trademark applications involve cross-border, registration information, procedures and language translation, one-to-one professional consultants will provide services and follow up the whole process, which is convenient and assured. The cost of trademark registration in the United States is cheaper than a plane ticket to the United States.
In addition to focusing on cost, we should also pay more attention to the quality of service and reputation. After all, trademark registration cycles are long.
U.S. Trademark Registration Process:
1. Trademark inquiry, provide trademark name, and conduct trademark search;
2. The registrant provides the registration materials;
3. Submit to the Trademark Office;
4. Official review;
5. Authorization to obtain certificates.
What is the time and cost of filing a trademark in the United States? "This question is introduced to you today, I hope the above content can be helpful to you, if you have any other questions, welcome to go to the intellectual property consultation our professional consultants.
U.S. Trademark Registration Process & FeesU.S. Trademark Registration Process.
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There is a strict distinction between trademarks in the United States, and the trademark that has been registered is valid for ten years from the date of trademark registration, and after the expiration of the trademark, it can be applied for an extension, and the extension can also be extended, and the time of each extension is ten years. If the trademark has been used in the United States, you can apply for a registered trademark according to the actual use, and you need to provide evidence of the use of the trademark and the time it has been used in the United States so far, and you can obtain the certification documents of the U.S. trademark after the approval of the relevant departments; In another case, the trademark is not currently used in the United States but is intended to be used in the United States, according to the specific situation, the application can be filed with the Trademark Office, and the basis for use and the use of the trademark in the United States should be provided within 6 months after approval, and the trademark can be used in the United States after the certificate of use is recognized by the relevant departments.
The term of use of the trademark registration is 10 years, after which it can be renewed, and the time for each renewal is 10 years. According to Article 37 of the Trademark Law, the validity period of a registered loss-chain trademark is 10 years, calculated from the date of approval of registration. According to Article 38 of the Trademark Law, if a registered trademark expires and it is necessary to continue to use it, it shall apply for renewal of the registered trademark within six months before the expiration; If no application for renewal is filed during this period, a grace period of six months may be granted.
If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled. The term for each renewal of a registered trademark is ten years. After the renewal registration is approved, it will be announced.
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U.S. Trademark Registration is the federal trademark registration by the U.S. Patent and Trademark Office. Upon receipt of an application for registration, a formal examination is conducted to determine whether it meets the basic requirements for trademark registration.
U.S. Individual Trademark Registration Process.
1. Date of submission of application:
The U.S. Patent and Trademark Office is responsible for federal trademark registration. Upon receipt of an application for registration, the Trademark Office conducts a formal examination to determine whether it meets the basic requirements for trademark registration. If this is met, the Trademark Office will issue the date and issue a notification to the applicant two months after the filing of the application.
If the requirements are not met, all materials including the application fee will be returned to the applicant in full.
2. Examination: Four months after the application is filed, the examiner of the Trademark Office will be responsible for examining and deciding whether the trademark can be registered. If not, the examiner will send a letter stating the reason for the return or the changes that need to be made. The applicant must respond within six months of receiving the letter, otherwise the application is terminated.
If the applicant's response is not sustained, the examiner will issue a final refusal. The applicant may appeal to the Trade Marks Examination and Appeal Board.
The main ground for refusal is that the previously registered trademark is similar to it. Descriptive trademarks, geographical designations or other trademarks relating to the goods or services applied for may also be refused.
3. Opposition: If the registration application is not returned or the applicant's reply is justified, the trademark will be printed on the trademark gazette. The Trademark Office will issue a notice to the applicant to inform the applicant of the date of publication. Thereafter, 30 days are the opposition period.
4. Issuance of certificates. If the application is based on prior actual use of the trademark and no objection is raised, the Trademark Office will issue a registration certificate 12 weeks after the announcement.
The applicant has a 6-month period of 6 months to (1) use the mark and file a declaration of use, or (2) apply for a 6-month extension. This period can only be extended if specifically noted. Once the declaration of use has been submitted and passed, the Trademark Office will issue a certificate of registration.
If the application is based on actual prior use of the mark, three samples of each class of goods or services are required to show the actual use of the mark in respect of the goods or services. The three samples can be the same or three examples of different uses of the mark.
Obtain a U.S. Trademark Registration Certificate: 8-10 months, and the U.S. trademark is valid for 10 years.
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Hello To register a U.S. trademark, you need to prepare the following information, the time is 8-10 months1, the applicant's name and address in Chinese and English.
2. Goods or services.
3. The date of the earliest use in the United States.
4. Trademark drawing (optional).
5. Provide product pictures and screenshots of store sales pages.
6. Proof of sales.
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U.S. Trademark Registration Process.
1.Knock-out search: This is a preliminary step of deliberation, the lawyer will make a judgment in advance, and determine whether the trademark has been used through computer screening, and find out whether the trademark to be applied for can be approved.
2.Complete search: After passing the preliminary inquiry and preparation, if the trademark is likely to be used, the lawyer will further study and provide professional legal advice. The duration is about 7-10 days.
3.Filing of U.S. Trademark Registrations: If several similar cases are filed at the same time, you can save on service costs.
It generally takes 12 to 18 months for the whole case to be reviewed and released from the application to the review and release of the results. In the event of a refusal, a new application may be made after the study and discussion. In the unlikely event that the trademark cannot be obtained, it may be considered for registration as a subordinate trademark, which can be used for five years once acquired.
U.S. Trademark Acceptance Notice.
After receiving the application materials for trademark registration, the United States Patent and Trademark Office will first review the application** and all attachments in detail to see whether the required parts of the application have been completed, whether the relevant information is correct, whether the required information is incomplete, whether the fee has been paid, and if everything is in order, an application number will be given and a notice of acceptance will be issued, which will take about 25 days.
U.S. Trademark Examination.
The examiner will search the trade mark records to ascertain whether there are other traders who have registered or applied for registration of the same or similar trade mark for the same or similar goods or services. The examiner will also check whether the trade mark complies with the registration requirements under the Trade Marks Ordinance. If approved, the application process will proceed to the next stage (the gazette stage).
U.S. Trademark Gazettal Notice.
Once the USPTO approves a trademark application, the trademark is registered in Trademark Weekly, and the date of the publication is notified to the applicant in the form of a letter. The publication period lasts for three months, and if no objection is raised, the trademark can be successfully registered.
U.S. Trademark Registration.
After the application for registration of a trade mark is approved, the particulars of the trade mark will be entered in the register and a certificate of registration will be issued to the applicant. The date of registration will be retroactive to the date of filing of the application, in other words, the rights of the owner shall be counted from the date of filing of the application.
U.S. Trademark Registration Time and Fees.
If the application for registration is successful, it will take 9-12 months. Successful registration is valid for 10 years at no additional cost.
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