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Understand the U.S. trademark application process in three minutes!!!
2024-08-12
The United States Patent and Trademark Office (USPTO) has announced that a large-scale fee increase plan for trademark applications will officially start in October, with a 48% increase in official fees for new US trademark applications!
Submit evidence of use for at least 3 goods or services in each class applied for


Confirm trademark:Select and confirm the trademark to be registered, including the trademark design, name, and description of non-traditional trademarks.
Trademark Search:Conduct a trademark search on the official USPTO website to confirm the trademark’s uniqueness and avoid similarity to or duplication of trademarks that are already registered or pending application.
Prepare the documents:
① Applicant Information:Including full name, address, company type, and nationality.
② Trademark Information:Trademark design (250–940 pixels, black and white, 55–1010 cm, JPG format), trademark name, and description of the non-traditional mark.
③ Description of Goods and ServicesList in detail which goods or services the trademark will be used for, and determine the category of the goods or services (based on the US Nice Classification).
④ Trademark usage:
ByActual useBasis:When filing a U.S. trademark application, if the mark has already been used in the United States, the applicant must specify the date of first use and provide evidence. The USPTO scrutinizes use evidence submitted by Chinese applicants particularly closely. It is therefore recommended that applicants submit at least three pieces of evidence of use for each class of goods or services to reduce the risk of receiving an office action.
ByIntent to useBasis:If a trademark has not yet been used in the United States but there is a bona fide intent to use it, no evidence of use is required when filing the application. Following registration, evidence of use must be submitted; otherwise, the registration will be deemed abandoned.
⑤ Signature and Declaration:Confirm the accuracy of the information and the right to use the trademark.
⑥ Agent Information (if applicable):If the application is submitted through an agent, detailed information about the agent must be provided.
⑦ Fee PaymentPay the application fee and any other possible fees based on the number of application categories.
Submit OnlineSubmit a trademark registration application and pay the fee through the USPTO's online system (TEAS). If you are a non-domestic applicant, you must submit the application through a practicing attorney.
Submit MaterialsThis includes trademark designs, trademark descriptions, applicant information, descriptions of goods and services, proof of use (if applicable), signatures, and declarations.
Formal Examination:The USPTO conducts a formal examination of submitted application documents to determine whether they are complete and properly formatted, among other things.
Substantive examination:Review whether the trademark is registrable, whether it is identical or similar to any registered or pending trademark, and whether it violates the prohibited provisions of trademark law.
AnnouncementIf a trademark passes the substantive examination, the USPTO will publish an announcement in the official trademark gazette. The announcement period is usually 30 days (some say 3 months).
Opposition period:During the publication period, any interested party may file an opposition to the trademark application. The applicant must respond to any opposition and may be required to undergo further examination or a hearing.
Approved for registration:If no opposition is filed during the publication period, or if the opposition is dismissed, the USPTO will approve the trademark registration.
Certificate issued:After successful registration, USPTO will issue a trademark registration certificate to the applicant.
Submit Statement of Use:Between the fifth and sixth years after trademark registration, and every ten years thereafter, the trademark registrant must submit a declaration of use to the USPTO demonstrating continued use of the mark on the identified goods or services.
Renewal registration:A trademark registration is valid for 10 years and may be renewed upon expiration. The renewal application must be submitted no earlier than six months before the expiration date and no later than six months after the expiration date, together with payment of the renewal fee.
Please note that the above process and timeline are for reference only, and the specific process and timeline may vary depending on changes in USPTO policies. Therefore, when applying for US trademark registration, it is recommended to consult a professional trademark agency or attorney for the most accurate information and guidance.