Is registering a U.S. trademark the same as registering a Chinese trademark?

United States: Prior Use Principle.

Trademark registration in the United States is based on the "prior use" principle, which means that the prior user of the trademark obtains legal protection. U.S. law stipulates that there must be a ** and actual use of a trademark before it can be legally protected. Although a registration system has been introduced in the United States, "prior use" remains a prerequisite for applying for registration.

In 1988, the U.S. Trademark Act was amended to allow applicants to apply for trademarks based on "intent to use", loosening the prior use principle. In fact, the application for registration based on "intended use" as stipulated in the 1988 Amendment still has a strong "use" color, and the applicant can only obtain trademark registration after 36 months of genuine use and submit proof of genuine use to the Trademark Office.

On the basis of the "prior use" principle, a trademark may or may not be registered. An unregistered trademark can be legally protected as long as it is in use: when a lawsuit is filed for infringement, evidence of prior use must be provided.

The registration of a trademark indicates the special rights of the trademark registrant, and after 5 years of registration, the trademark does not allow other users of the same trademark to raise various disputes. In addition, the owner of a registered trademark has the right to pursue the legal liability of the trademark counterfeiter and claim financial compensation. If a company or an individual's trademark is not registered, the prior user of the trademark can only request the court to stop the use of the trademark infringer, but cannot obtain the corresponding financial compensation.

Domestic: First-to-file principle.

The "first-to-file principle" refers to the determination of the ownership of trademark rights based on the date of filing an application for trademark registration, and it is one of the important procedural principles derived from the principle of registration. In countries where the principle of registration is adopted for the establishment of trademark rights, two different principles for determining the ownership of trademark rights are adopted for identical or similar trademark registration applications filed by different applicants, namely, the principle of first to file and the principle of first to use. The first-to-file principle determines the ownership of trademark rights based on the order of filing dates.

The principle of first-to-use determines the ownership of trademark rights based on the order in which the trademark is used. China's Trademark Law adopts the first-to-file principle as the main one, supplemented by the first-to-use principle. Article 29 of the Trademark Law provides:

If two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of other persons shall not be published. Article 30 stipulates that an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

Registered U.S. trademarks must be renewed in a timely manner to protect the exclusive right to use the trademark.

The regions are different, one protects China, and the other protects the United States.

U.S. trademarks have the principle of prior use, and trademarks need to have certain evidence of use in the United States before they can be submitted for registration, and they need to provide a photo of the product with the logo.

Chinese trademarks only need to look at the trademark name Changxiang, which can be registered and can be submitted directly, without additional requirements.

After the successful registration of the U.S. trademark, the fifth year of hail resistance needs to be sworn in vain, and the Chinese trademark will be directly renewed for ten years.

U.S. individuals only need an ID card or passport, and a self-employed business license is required for Chinese trademarks.

1. Registration principle: China's uproar is "first-to-file", while the United States is "first-to-use" principle.

2. The subject of the application: the Chinese trademark applicant needs to be an enterprise or a sole proprietor, and the applicant for the US trademark can be an enterprise or a natural person.

3. Application qualifications: Chinese trademark applications require filing with the Trademark Office before they are eligible to submit trademark registration applications; The U.S. Trademark Office requires that an application must be filed for a practicing attorney.

There are the following differences between Chinese trademarks and U.S. trademarks

The scope of tenure is not the same. Chinese trademarks are only valid in China, while U.S. trademarks are only valid in the United States;

The principle of application is not the same as that of the spine. Chinese trademarks are based on the first-to-register principle, while U.S. trademarks are first-to-use (first-to-use).

Whether evidence of use is required. Evidence of use is not required for a Chinese trademark application, and evidence of use is required for a U.S. trademark application (the application for actual use should be submitted together with the application materials at the time of application; The application for intended use shall be submitted within 6 months after the grant of the application).

The icons are different, and the design is different. The second is that the first-to-use principle is also different. The difference is that if you think from the perspective of a company, if you register a U.S. trademark, then there may be famous trademarks and well-known trademarks in China.

This is the effect of the use of rent fraud in the country. And it may cost hundreds of thousands or millions of oranges to get a famous trademark or a well-known trademark. In China, it is very convenient, and it is not a professional group.

Registering a Chinese trademark represents a Chinese product, and the process is also very simple, and if there is an infringement problem, it can also be solved in China, but the American trademark needs a liquid gauge to apply for in the United States.

Of course, it is not a coincidence, the process of registering a trademark is not the same, and the final trademark process is also different when handling filial piety, and the main difference is that it represents the trademarks of different regions.

The principle of registration of business travel mark is different, the method of use is different, and the examination and accompanying method of the registration of the debate stool is different, and the color is also different, and the foreign trademark has the examination of foreign characters.

From the perspective of enterprises, directly bringing a registered trademark in the United States to domestic use saves the long process of several years from a general trademark to a "famous trademark" and a "well-known trademark", and also saves hundreds of thousands of recognition costs; Moreover, even if the Chinese trademark is well-known, it cannot be compared with the credibility of the American trademark Dan Ruqin.

The application procedure for a trademark in the United States is simple, and the materials that need to be provided are not cumbersome, and it can be handled almost as well as in China.

If you register a U.S. trademark and do not intend to use it in the U.S., you need to indicate that the trademark you want to register is an intent to use trademark, and the intended use can be used as the basis for filing an application in the United States, not as a basis for registration.

After registering the trademark of the United States Brand, you can use it together with those domestic merchants who do not have registered the American trademark to earn the license fee that you should allow others to use according to the American commercial standard. This is also an effect that cannot be achieved by Chinese trademarks.

Even if a Chinese trademark is already well-known or famous in China, there is no guarantee that your trademark will not be preemptively registered in China. Suppose one day you want to develop abroad, but when you want to register your trademark in the United States, you find that it has already been preemptively registered, and you have to pay a high fee to acquire and transfer it back.

The main differences between registering a U.S. trademark and registering a Chinese trademark are as follows:

Principles of protection for trademark registration.

Trademark protection in the United States is based on the principle of first-in-use, while trademark protection in China is based on the first-to-register principle. Therefore, it is necessary to submit proof of use at the time of trademark registration in the United States (or evidence of use within 6 months after the grant based on the application of intent to use).

U.S. trademarks require an affidavit of trademark use for the duration of use.

In the 5th and 6th years and in the 9th and 10th years after the registration of the trademark, the trademark applicant must file with the United States Patent and Trademark Office a signed Paragraph 8 affidavit that the trademark has been registered for use in all the trademarks and services approved for the registration, or in respect of certain goods and services approved, or in certain goods and services approved, or indicating that there is no valid reason for the use of the registered trademark: if the legal sale of the product has been temporarily interrupted due to the provisions of **, or the production of the product has been temporarily interrupted due to a fire or other disaster and the registrant intends to abandon the registered trademark in order to maintain the validity or partial validity of the registration.

Product and service categories will vary.

Chinese products are divided into old categories and products with "C" in the table are unique to China, and sub-class products and services cannot be selected when registering trademarks in the United States.

Trademarks are territorial, U.S. trademarks are used in the United States, and Chinese trademarks are used in China.

1. The process of registering a U.S. trademark.

1. Trademark inquiry, provide trademark name, and conduct trademark search;

2. The registrant shall provide registration information;

3. Submit to the Trademark Office.

4. Official review.

5. Authorization to obtain certificates.

2. U.S. Trademark Registration Materials:

2: Items of goods or services (using the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks). ）3：

Logo: clear trademark design, electronic version of the logo (jpg format). Note:

If the registered trademark is color, please specify the color, and the future use will be in accordance with the specified color; If the registered trademark is black and white, any color can be used in the future.

4: A Power of Attorney for Registering a U.S. Trademark Fills in a word mark and a class of goods or services.

5: Proof of registered trademark in the home country, date of earliest use in the United States and evidence.

3. How long does it take to register a trademark in the United States?

OK. Apply as a natural or legal person; A copy of a personal ID card or passport is required for registration of a natural person, and a copy of a copy of a business license is required for a legal person.

Registered a U.S. trademark.

U.S. Trademark Registration Process: Trademark Search, Submission of U.S. Trademark Registration Materials, U.S. Trademark Acceptance, U.S. Trademark Examination, U.S. Trademark Publication and Opposition, Approval of U.S. Trademark Registration Certificate.

Ways to apply for a U.S. trademark registration:

1) Apply for international trademark registration through Madrid (by yourself or by entrusting a ** agency).

2) Apply directly to the United States Patent and Trademark Office (handle it yourself or entrust a ** agency to handle it).

Information required for U.S. company registration: The information required for U.S. trademark registration includes the applicant's ID card, business license (name and address in Chinese and English); goods or services; Trademark design: clear trademark design, electronic version of the logo (jpg format); A U.S. Trademark Power of Attorney for Registration and Sale of Trademark Letters of Approval to fill in a word mark and a class of goods or services.

For more details, please visit Gaowo. Gaowo has a professional team composed of lawyers, trademark owners, copyright owners, and client consultants; The use of English, French, German, Japanese and other working languages can provide customers with a full range of professional intellectual property services. For more information, it is recommended to consult Gaowo.

Individuals can register U.S. trademarks.

Documents required for trademark registration in the United States:

1.A copy of the applicant's valid ID (a copy of the company's business license; personal identity card) and its English name and address;

2.reproduction of the trademark;

3.the name and class of the register of goods or services for which the trademark is used;

4.Proof of priority (if the priority is asserted).

More information about Dennett is welcome to consult Shanghai Dennett!

Yes, a U.S. trademark can be registered in the name of an individual.

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.