The current trademark regulations in the United States are mainly based on the Trademark Act (also known as the Langham Act), which came into effect on July 5, 1946. The United States Patent and Trademark Office is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law.
The United States is a signatory to international intellectual property treaties such as the TRIPS Agreement, Geneva Conventions, Paris Convention, Nice Agreement, and Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid International Registration".
At present, the US Patent and Trademark Office adopts the Nice classification, but its goods or services often require more detailed requirements than the goods or services in the Nice classification, accepting multiple types of applications in one form. The elements that can be registered as trademarks in the United States include: text, letters, numbers, graphics, color combinations, three-dimensional shapes, sound, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in the United States must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
Application basis (intended use, actual use, or registration in the country of origin). If intended for use, evidence of use in the United States must be submitted before trademark registration; If it is for actual use, at the same time as submitting the trademark application, it is necessary to indicate the time of first use in the United States and submit evidence of the use of the trademark in the United States; If submitting a US application based on registration in the country of origin, a scanned copy of the trademark registration certificate from the country of origin and an English translation must be submitted;
If priority is declared, the application number and application date of the priority basis need to be submitted.
The main process of applying for registration of a US trademark is: application examination (absolute and relative reasons) announcement approval and issuance. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. Those who pass the substantive examination will be arranged for announcement. The opposition period is 30 days from the date of announcement. Interested parties may raise objections to the trademark application to the Patent and Trademark Office. The main reasons for raising objections are:
Conflict with prior trademarks, such as owning a prior registered trademark; Having a prior unregistered trademark but having prior use in the United States, etc;
1. The trademark lacks distinctiveness;
2. The trademark has adverse effects;
3. Malicious registration;
4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in the United States takes about 12 months; If there is a rejection or objection, the time will be extended, which may take 2-3 years.
The US trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation application after trademark registration can generally be filed in accordance with Section 1064 of the US Trademark Act. The reasons for revocation are:
Violating the provisions of the Trademark Law regarding registered trademarks;
Registration is obtained through deceptive means;
Registering a trademark as a generic name for designated goods or services;
The registrant falsely represents the origin of the goods or services related to the use of the registered trademark or when others use the trademark with the registrant's permission;
Without justifiable reasons, the trademark has not been actually used in the country for three consecutive years after registration.
The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
1. Invoice; Product catalog; Revenue evidence;
2. Packaging and decoration; label; quotation;
3. Advertising; Written statement; Market research results