U.S. Trademark Application
When applying for a U.S. trademark, the USPTO will clearly announce whether the trademark is registered or not, so as to achieve the purpose of public announcement.
A registered trademark in the United States can be used as a basis for foreign registration, which is convenient for protecting your trademark for business development worldwide, and the trademark owner can request the U.S. Customs and Border Protection to prevent trademark infringement Or the import of counterfeit products.
About 6-8 months
Provide trademark and choose the category
Search of the trademark
Check the trademark application document
Application + Submit Specimen
Trademark Approved+Nobody In An Opposition
U.S. Trademark Law amended at the end of 2021
1. Two procedures, Delete and Reexamination have been introduced, allowing third parties and USPTO officials to obtain evidence to challenge the validity of trademarks. If the challenge is successful, the existing trademark registrations will face partial or complete abolition.
The Delete procedures are for trademarks that have never been used after registration, and can be filed within 3-10 years after the registration is completed.
The Reexamination procedure is for unused trademarks before the “relevant date” and can be submitted within 5 years after the registration is completed.
2. The USPTO can decide on its own within 60 days to 6 months the response period after the applicant receives the official review opinion (OA); if the applicant wants to extend the official response period, in addition to paying the extension fee, up to Can only be extended to 6 months.
3. Any third person may submit Letter of Protest to the USPTO before the registration is completed on the basis of refusing the trademark registration to assist the USPTO in its review.
U.S. Amazon Amazon e-Shop products must be registered trademarks
To be eligible for Amazon brand registration, your brand must have a valid registered trademark in the country and region where you wish to register. Your brand’s trademark must be in the form of a word mark or a design mark. Currently only accepts from the United States, Brazil, Canada, Mexico, Australia, India, Japan, France, Germany, Italy, Turkey, Singapore, Spain, the Netherlands, Saudi Arabia, the United Kingdom, Egypt, Sweden, Poland, the European Union and the United Arab Emirates A trademark approved by the Government Trademark Office of the Grand Duchy.
Can a US trademark owner sue and seek compensation for infringement in Europe?
The trademark law adopts territorialism, but the U.S. court has long proposed that as long as the behavior of the U.S. overseas affects U.S. commerce, the U.S. trademark law may also be subject to compensation.
In 2014, Hetronic of the United States filed a lawsuit against the two companies for breach of contract and trademark law in the Western District of Oklahoma. However, the defendant’s actions in this case took place in Europe. The court in this case lacked jurisdiction over trademark infringement disputes. The extraterritorial effect of the U.S. trademark law was limited to the defendant’s actions which had a substantial impact on commerce in the United States. U.S. commerce had an impact, but the District Court ruled that the U.S. court has jurisdiction in this case.
NIKE applied for trademark protection for digital products
As digital art and video game character modeling of popular games become more and more popular, NIKE submitted 4 trademark applications to the USPTO to protect “downloadable virtual goods”, retail stores and entertainment-related services, as well as digital products including headwear, glasses, and accessories. Bags, backpacks and sports equipment.
Chinese companies apply for U.S. trademarks
In order to encourage companies to register trademarks at home and abroad, various provinces in China have introduced incentive measures. However, they do not show that companies intend to arbitrage differences and make profits. The number of fraudulent trademark applications remains high. The United States is worried that China’s fraudulent trademark cybersquatting will block the registration system. Prevent legal American companies from obtaining trademarks.
Use in Commerce：You should attach your specimen file(s) in your initial application.
Intent to Use：You must submit a specimen after you submit your initial application.
Specimen Of Use：Photos、DM、Invoice、Shopping website
Others：After the trademark be approved, in 5th to 6th year should submit the Declaration of use included the Specimen.