Introduction of USA Trademark Registration

Ⅰ. Introduction
The USA is a member of the Madrid Protocol. United States National Trademark protection is governed by a Federal law in force since 1946 commonly referred to as “The Lanham Act”. It applies to all fifty U.S. States as well as any territory under United States jurisdiction and control, including the American Virgin Islands (VI), in American Samoa (AS), Guam (GU) and Puerto Rico (PR).Trademark protection is obtained by registration. An unregistered trademark may be protected due to prior use in United States commerce (common law). The United States follow the first-to use system. Trademark law is based on the principles of “common law”.

Ⅱ. The Advantages of Registering Trademark
Owners of registered trademarks have the ability to prevent others (i.e., their competitors and other third parties) from using their registered trademark without permission. Your registered trademark can also successfully prevent others from (a) acquiring trademark rights in your trademark, (b) claiming that you are infringing their trademark rights. Trademark Infringement actions can be costly. Few companies have the financial strength to overcome the full or partial loss of their right to use their own business name or product name. Consequently, trademarks are critical business assets. Coca-Cola® is commonly believed to be the most valuable and admired trademark worldwide.

Ⅲ. . Documents Required
a.you need to specify the products and services that will be associated with your trademark
b.You need to provide us with the information of your trademark: Trademark (logo), Classes and Owner details.

Ⅳ. Application Process
USA Trademark Design→　USA Trademark　Search→　USA Trademark Application　→Acceptance of USA Trademark Application　→USA Trademark Examination　→USA Trademark Publication　→USA Trademark Registration

1.Trademark Design
Advantages of USA trademark design:
(1) Novelty- novelty of trademark design satisfies the distinctive feature of a trademark and enhances its reputation and market.
(2) Trademark naming avoids a straight relation with the functions of goods;
(3) Trademark design is theme-oriented and reasonably arranged.

2、Trademark Search
Before filing your application, it shall be determined whether the mark to be registered is pending registered or has been registered the trademark rights.
We can get prior trademark records and the preliminary opinions from the United States Trademark Office on whether it has been registered or not. The search results will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

3、Submit Application
An application must include the following elements before the United States Patent and Trademark Office (USPTO) will accept it:
• Qualification certificate of applicant;
• Authorization letter of registration;
• a clear drawing of the mark;
• a listing of the goods or services;
• priority certification (optional)
• A "use" based application included a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, or a good faith or bona fide intention to use the mark in commerce.
• the filing fee for at least one class of goods or services.

4、Notice of Acceptance
If you file a paper application, and it meets the minimum filing requirements, the USPTO will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the USPTO of any errors, following the directions on the receipt. The time estimate is one month.

5、Examination
After the USPTO determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take several months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees. A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

6、Publication
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is a weekly publication of the USPTO. The required time is about 3 months.

7、Registration
If the mark is published based upon the actual use of the mark in commerce, on a foreign registration under section 44 of the Trademark Act, or on an extension of protection of an international registration to the United States pursuant to section 66(a) of the Trademark Act, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

Ⅴ. The Service Time and Fee
Time: The approximate time for obtaining the certificate is about 11-15 months for smooth application. The term of validity is 10 years from the date of filing the application, in which period no extra fee is imposed. Search fee (for one trademark one class): HK$3,000; Application and registration fees: HK$15,000, lump-sum paid when filling in the Power of Attorney.

Ⅵ.Contact Us for More Details:
Tel1: (86.20) 38888181；  Tel2: (86.20) 38888980; (You can inquire in English)