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Procedure of Trademark Registration in U.S.美國商標申請流程介紹

In order to register trademark in U.S., it must be used for commercial purpose in such country. To show the evidence of trademark was being used in the U.S. can be either done by showing the time of trademark registration, or before the trademark was granted and ready to be registered. The time of submitting use of trademark evidence in the U.S. would have two different filing procedures. The place for handling trademark matters is called United States Patent and Trademark Office (“USPTO”).


A. Submiting Evidecne of Use at Filing Stage


The applicant can submit trademark usage evidence in U.S. when filing registration application. Once the application is filed, it will undergo formality and substantive examination. If the examiner finds any deficiencies, an office action will be issued, and the applicant is required to respond within a limited time.


If the argument is convincible, the application will be granted for publication; if not, a final office action will be issued, and the applicant can choose either (or both) filing an argument or filing an appeal before Trademark Trial and Appeal Board(”TTAB”). If no opposition is filed during publication, a trademark will be registered.


Following is filing procedure for this condition[1]


B. Submiting Evidecne of Use After Being Published


If a trademark hasn’t been used for commercial use in the U.S. at filing stage, registration application still can be filed. It’s just that the filing procedure is slightly different from the first condition.


When such trademark is published, if no opposition is filed, USPTO will issue Notice of Allowance, and the applicant is required to submit Statement of Use within 6 months. If trademark usage evidence is accepted, the trademark will be registered; if not, an office action will be issue, and the applicant is required to submit acceptable evidence within a limited time.


Following is filing procedure for this condition[2]


[1]. [2].

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