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US Trademark Registration Guide

Updated:2018-4-11 16:52:36    Source:www.tannet-group.comViews:403

US trademark registration guide is in the purpose of giving clients an overview for registering a mark in the United States. The U.S. Patent and Trademark Office is the agency responsible for granting U.S. patents and registering trademarks. Below is a summary of the genera guidance of a filing of a U.S. trademark application with the USPTO.

Common Types of Acceptable Marks
The USPTO accepts applications for registration of both traditional marks (word, design, and combination marks) and nontraditional and non-visual marks (color, shape/configuration, sound, scent, flavor, touch, and motion marks), as well as for collective marks and certification marks.

1. Word Mark
All letters and words in the mark are depicted in Latin characters; all numbers in the mark are depicted in Roman or Arabic numerals. The mark includes only common punctuation or diacritical marks and does not include a design element. The letters and/or numbers are not stylized.

2. Design Mark
The image must be in .jpg format. All lines must be clean, sharp, and solid, not fine or crowded, and must produce a high-quality image when copied.

3. Color Mark
The applicant must submit substantial proof of acquired distinctiveness. Color marks are visual and should be depicted in color drawings, accompanied by (1) a color claim naming the color(s) that is/are a feature of the mark and (2) a separate statement describing where the color(s) appear(s) and how it/they is/are used in the mark. The generic name(s) of the color(s) should be used in the color claim and location statement.

4. Three-Dimensional Mark
The applicant must include a description of the mark indicating that the mark is three-dimensional and a drawing that presents a single rendition of the mark in three dimensions.

5. Sound Mark
The applicant must submit an audio file in electronic format that should not exceed 5 MB in size. The applicant must provide a detailed description of the sound, including any words or lyrics.

Basis for Filing
Use in Commerce. A use-based application may be filed if the applicant is using the mark in U.S. commerce at the time the application is filed.

Intent to Use. An intent-to-use application may be filed if the applicant has a genuine intent to use the mark in the United States in the future; however, the mark will not be registered until the applicant proves use.

Required Information
1. The name of the applicant.
2. A name and address to which the USPTO should send correspondence.
3. For design and other nontraditional marks (as described in FAQ #1 above), a clear drawing of the mark.
4. A listing of the goods and/or services that are or will be sold or offered in connection with the mark.

General Procedures
1. Application filed;
2. USPTO reviews application;
3. USPTO publishes mark;
4. Notice of Allowance (NOA) is issued;
5. Applicant timely files Statement of Use (SOU);
6. USPTO reviews SOU;
7. SOU is approved and mark registers.

Time-frame for Registration
U.S. trademark applications can take anywhere from 12-18 months from time of initial filing to approval for registration. However, this timeline make take additional time depending on the specifics of each application, the timeliness of responses by the applicant and whether opposition proceedings are commenced and litigated.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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