How to register a trademark in the U.S. for a domestic brand

1. Inquire in advance. Before applying for registration of a U.S. trademark, it is necessary to check first, and there are mistakes, duplicate or similar trademarks.

2. Information required for trademark registration in the United States

Individual application for a U.S. trademark: a copy of ID card or passport, clear trademark representation;

A legal person applying for a U.S. trademark: a copy of the business license and a clear trademark drawing;

3. The specific process of trademark registration in the United States

Note: The above is the general process of trademark registration in the United States, and there may be a possibility of trademark rejection (** attorney will review the rejection according to the reasons for rejection) or opposition during the publicity period (** attorney will answer the objection based on the reasons for opposition) after the official examination.

4. Time of trademark registration in the United StatesU.S. trademark registration is generally 8-10 months and valid for 10 years.

U.S. Trademark Registration Process:

1. Date of filing the application: The United States Patent and Trademark Office (USPTO) is responsible for the registration of the federal ** trademark. After receiving the registration application, the PTO will conduct a formal examination to determine whether it meets the basic requirements for trademark registration.

2. Examination: Four months after the application is submitted, the examiner of the PTO will be responsible for examining and deciding whether the trademark can be registered as Huixian. If not, the examiner will send a letter stating the reason for the return or the changes that need to be made.

3. Opposition: If the registration application is not returned or the applicant's reply is justified, the trademark will be printed on the trademark bulletin. The PTO will give notice to the applicant of the date of the announcement. Thereafter, 30 days are the opposition period.

4. Issuance of certificate: If the application is based on the actual use of the trademark and no one has filed an objection in advance, the PTO will issue a registration certificate 12 weeks after the announcement.

The following documents are required to apply for a U.S. trademark:

1.Power of attorney for trademark registration, on which the applicant must sign and seal.

2.Applicant's qualification certificate: must be a natural person or legal person, natural person also needs to attach a copy of passport or ID card, and a legal person must also attach a copy of business license. (Chinese and English name and address).

3.Clear trademark design (1 copy), clear trademark design, electronic version of the logo (jpg format). Note: If the trademark is color, please specify the color, and the future use will be used according to the specified color; If the trademark is black and white, you can use any color in the future.

4.A list of the goods or services for which registration is sought, indicating the class of the trademark.

5.Proof of registration of the trademark in your home country, the date of earliest use in the U.S., and evidence.

6.Submit a declaration of use stating that the mark continues to be used commercially on the designated goods, or stating that the registrant has not used the mark for other special reasons and that such non-use does not intend to abandon the mark. Otherwise, the USPTO will cancel the trademark registration.

U.S. Trademark Application Process:

Knock-out search for a registered U.S. trademark: This is a preliminary step of deliberation, in which the lawyer determines whether the trademark has been used through computer screening, and then searches to determine whether the trademark to be applied for can be approved.

1.Application: Within 25 days of receiving an application for registration, the PTO (United States Patent and Trademark Office) conducts a formal examination to determine whether it meets the basic requirements for trademark registration.

If so, the PTO will issue the date and send a notification to the applicant two months after the application is submitted.

2.Examination: Four months after the filing of the application, the examiner of the PTO will be responsible for examining and deciding whether the trademark can be registered. The applicant must respond within 6 months of receiving the letter, otherwise the application will be terminated.

3.Opposition: The trademark will then be printed on the trademark gazette. The PTO will give notice to the applicant of the date of the announcement. Thereafter, 30 days are the opposition period.

4.Issuance: If the application is based on prior actual use of the trademark and no objections have been raised, the PTO will issue a certificate of registration 12 weeks after the announcement.

The U.S. trademark registration only costs 5,800 yuan, and if the application for registration is successful, it will take about 15-18 months to get the registration certificate. Successful registration is valid for 10 years at no additional cost.

1. Proof of the applicant's main qualification (personal ID card is provided);

2. English name and address of the applicant;

3. Apply for goods or services (20 specific goods can be selected for each category);

4. Trademark pattern (or standard font English);

5. If it has been used in the United States, the evidence of use** (such as products**, labels, etc.) should be provided, and the earliest date of use in the United States and the world.

In addition, special attention needs to be paid to applying for a U.S. trademark:

Trademark validity period: 10 years, calculated from the date of filing, but an oath of use needs to be filed in the 5th and 6th years after the registration date, and the renewal needs to be processed in the 9th to 10th year to maintain the continued validity of the trademark.

Trademark opposition period: 30 days.

Information to be prepared to register a U.S. trademark:

1. The trademark to be applied for;

2. Applicant's information (company and individual);

3. International classification;

4. Proof that the trademark has been used (if not, the official fee will be 100 USD);

5. Applicant's address.

II. Application Steps:

1. Trademark duplicate check, to determine that the trademark to be applied for has not been registered at present, so the probability of successful submission of the application is relatively large. Once the fee for a trademark application has been paid, it will not be refunded. Note:

The result of the search is not equal to the result of the application, and the risk of rejection of the registration can be reduced through duplicate checking.

Go to the official website of the United States Trademark Office:

2. Submit the application.

Prepare the above checklist to start submitting your registration application. Since August 3, 2019, the U.S. trademark application has required a U.S. attorney to appoint a U.S. attorney to file with the U.S. Patent and Trademark Office on behalf of the company or individual.

3. Trademark acceptance. After filing a trademark application, you can expect to receive an acknowledgment of receipt for your trademark application in about 1-2 weeks. It is also possible to check the status of your trademark application on a regular basis through the Trademark Status and Document Search (TSDR) system.

4. Examination by the Trademark Office. During the examination process, the trademark may be determined not to be registered for various reasons, and the examining lawyer will issue an examination decision stating the reasons for the refusal and any technical or procedural problems in the application. If you receive an examination decision, you must submit a response within 6 months from the date of issuance of the examination decision, otherwise it will be considered a waiver.

If only minor changes are required, the examining attorney will contact the reserved ** or email address.

5. Announcement. If the examining attorney does not have any objections to the trademark as filed, the examining attorney will approve the publication of the trademark for publication in the weekly Official Gazette. The time limit is 3 months, and if no opposition is received in the published publication, the trademark will be registered.

A registered trademark is valid for 10 years. If the trademark applicant has a subsidy policy for overseas trademarks or patents in the local area, he can also submit a subsidy application after the trademark is licensed.

Legal basis

Article 3 of the Federal Trademark Regulations of the United States of America is a service mark that may be applied for registration. To the extent applicable, the service mark may be applied for registration in accordance with the relevant trademark registration regulations, and the same effect shall occur. The service mark shall be protected in the same way as the trademark after registration.

The application and procedure for the service mark of this article shall be in accordance with the requirements of trademark registration as far as possible.

Legal analysis: 1. Prepare the name and address of the enterprise; international classification of goods and services and lists of goods and services designated for use, etc.; A copy of the business license; Trademark drawings, clear requirements, good paper quality; and a power of attorney. 2. Search and check the duplicate within one day, submit the application on the same day, accept the receipt within one week, review the process in three to four months, publish the trademark in three months, and authorize the registration in six to ten months.

Legal basis: Article 18 of the Trademark Law of the People's Republic of China to apply for trademark registration or other trademark matters can be handled by oneself or by entrusting a trademark agency established in accordance with the law. Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a trademark agency established in accordance with the law to handle the matters.