U.S. Trademark Registration
About U.S. Trademark Registration
Trademark Office
Applicant is required to submit their trademark application to United States Patent and Trademark Office (USPTO) for examination in order to obtain trademark rights and protection in United States.
Filing Basis: Applicant must designate at least one or more filing bases in the application when filing a US trademark registration application and provide required information/document under the designated filing basis.
Registration Basis: After the application is allowed, it will proceed to registration based on the designated registration basis.
Date of Use Requirement
A date of first use is:
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the date when goods were first sold or transported, or the services were first rendered under the mark
For all the “product launching date” or “advertisement date” will not be treated as date of first use.
When submitting a statement of use, there will be two date of first use will be required to provide:
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Date of first use anywhere in the world
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Date of first use in United States (or any interstate commerce)
In other words, these two dates will be
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the date of the first sold or transported or the services were first rendered anywhere in the world
-
the date of the first sold or transported or the services were first rendered anywhere in United States (or any interstate commerce)
Interstate commerce
If your products are sold from U.S., for example your company is an U.S. based company, it will be the first date of sold or transported from one U.S. state to another U.S. state. (e.g California to Texas)
Country of origin
The country in which you are domiciled, incorporated or organized, if a business; or in which you are a national, if an individual; or you have a bona fide and effective industrial or commercial establishment)
Trademark registration process
Normal Procedure: (If No Office Action from USPTO or no opposition from third party during Publication Period)
Trademark Search
and
Submit Application
Official Examination
(3-4months)
Publication Period
(30days)
Notice of Allowance
(1-2months)
Modify requested by the official
(6 months)
1-2months
Trademark Registratied
Submit Statement of Use within 6 months OR apply extension of time