Shanghai Hotline: 021- 58763186 , +86 18101649652
Skype/ Wechat ID: 18101649652
The United States uses the "prior" principle. That is, if the right to use a trademark obtains the practical commercial purposes, it shall be used as a proof of the trademark registration certificate and a preliminary proof of the right of evidence. Therefore, the applicant should ensure that the trademark actually used in business can obtain the trademark right, and should register in a timely manner to consolidate the rights.
The basis of trademark application in US generally have below three categories:
1.Practical use:
This method is mainly applicable to the application of trademark in the United States, submitting the application and submitting the certificate of use. In order to save procedures and costs, more domestic applicants use this method at present, but not for the actual use of applicants, the integrity of the risks to be borne.
2.Intention to use:
These Measures are mainly used to apply for trademarks to be used in the United States. The relevant certificates can be submitted within six months after the initial authorization, which can be extended for six months, not more than three years, and pay additional fees.
3.Domestic situation:
Mainly used to apply for trademark registration or application in China, the applicant can submit an application to the United States on the basis of registration or application, but the application must conform to the domestic basis.
After Registration
According to Article 8 of the Trademark Law of the United States, after successful registration of a trademark, a certificate of use shall be submitted to the Patent and Trademark Office of the United States from the 5th to 6th year on the date of registration in order to maintain the validity of the registered trademark. If the registered trademark is not used, the special reason is that it does not give up the use of the trademark, otherwise it will lead to the cancellation of the trademark. At the same time, if the registered trademark is registered by the registrant, the registered trademark shall be used in the United States for five consecutive years by adopting the right of "non-contention". Once the right of "non-contention" and the exclusive right of the registrant to use conclusive evidence of the trademark on the trademark, any third party can no longer revoke the trademark registration of the trademark right without obvious reasons. In addition, the registered trademark has a validity period of 10 years. For each renewal of registration, certificates of use or reasons for non-use are still required. Otherwise, the U.S. Patent and Trademark Office will revoke the registration of the trademark.
Contact Us
For further queries, please do not hesitate to contact us at anytime by calling
Shanghai Hotline: 021-68877368, Tel (Wechat): +86 18101649652
E-Mail: 3001945826@qq.com
Address: Block F, 15th Floor, No.855 South Pudong Road, Pudong New Area, Shanghai
Previous：Shanghai WFOE Deregistration
Next：Procedures of Shanghai WFOE Deregistration