A Guide to USA Trademark Registration

I. Flow Chart for Trademark Registration in USA

1、Trademark Design

Advantages of TIMELY 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.

Hong Kong TIMELY Intellectual Property Service Centre is equipped with a team of excellent designers from home and abroad, who are ready to provide you with professional services.

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 a number of 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 three 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.

8、Time and Fees

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.