There are three ways to apply for a trademark in the United States：Intent to use;Already in use; Foreign registration.
Of course, applications can be submitted on multiple basis at the same time, but they must meet the requirements of the basis of each application, the applicant can choose its way to submit the application according to their own actual situation.
Conceptual difference
◆Intent to use:An application for trademark registration is intended (prepared) for use in the United States. When filing the application, the applicant states his intention (preparation) to use the mark in the United States and the product or service for which the mark will be used.
◆Already in use:It refers to that the trademark applied for registration has been actually used in commercial activities in the United States, and the application can only be filed for the goods or services that have actually used the trademark.
◆Foreign registration:An applicant for a U.S. trademark has the same valid registration in a country that is a contracting party of the United States (outside the United States).
The above three bases can claim additional priority, the premise is to declare that the priority is only required, not based on foreign registration for the registration process, otherwise the registration process can not continue.
(2)Differences in registration procedures
◆Intent to use:application-official filing receipt-form examination-substantial examination- publication-approval notice-submit use time and use evidences-registration;
◆Already in use:application-official filing receipt-form examination-substantial examination- publication-registration
◆Foreign registration:application-official filing receipt-form examination-substantial examination-publication-registration
The above procedure is only for registration under smooth conditions
(3)Differences in the time required to register
◆Intent to use is the longest of all applications, as there is an additional approval notice stage and six months to submit the time and evidence of use.If the application is not rejected or has not been extended due to the use of evidence, the registration will be completed in about 16 months under normal circumstances.
◆Already in use needs about 10 months.
◆Foreign registration and actual use need about the same time, and it will be about 1 month earlier, about 9-10 months;
(4)Differences in materials required for application
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Intent to use |
Already in use |
Foreign registration |
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The mark |
The mark |
The mark |
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The name and address of the applicant |
The name and address of the applicant |
The name and address of the applicant |
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Class and products |
Class and products |
Class and products |
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Postcode |
Postcode |
Postcode |
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Entity type |
Entity type |
Entity type |
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Nationality |
Nationality |
Nationality |
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The email address of the applicant |
The email address of the applicant |
The email address of the applicant |
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The time of first use in US and in the globe, evidence of use in the United States(It does not need to be provided at the time of application, but it should be converted to practical use during the pre-registration approval period ) |
The time of first use in US and in the globe, evidence of use in the United States |
Foreign registration certificate and English translation (In case of change, assignment or renewal, this certificate and English translation are also required ) |
(5)Different Stages and contents of the examination is due to the different basic stages, and the materials provided when submitting the application are different, so the contents of the examination will be different in different stages.
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application ways |
differences |
similarity |
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Already in use |
Evidence of use in the United States is required at the time of Already in use period, so this item should be reviewed more than at the stage of Intent to use period. |
①Are all basic application documents completed and the name of the applicant consistent with the entity type; ②Are commodity items standardized;③Is the trademark sample clear;④Is the trademark description accurate and complete;⑤Whether the trademark sample is specified in color;If so, is the color described accurate and complete;⑥Review of relative and absolute reasons |
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Intent to use |
Intent to use will not be reviewed until the applicant submits time and evidence of use within 6 months of issuance of approval after the opposition period. |
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Foreign registration |
When applying for foreign registration, in addition to reviewing the same content above, it is also necessary to review whether the country of origin of foreign registration is a contracting party of the United States, whether foreign registration is valid, whether the information of foreign registration is consistent with the information applied for by the United States, and whether the commodity items applied for by the United States are beyond the scope of foreign registration. |
The different choice of application basis gives the applicant more flexibility to register a US trademark.If an applicant has not used or sold the trademark of the intended product in the United States, and has no prior trademark registration in his or her own country (which is a party to the United States Treaty), he or she may choose to apply for the trademark by Intent to use. If you have used or sold the trademark of the intended product in the United States, the Already in use of the trademark may be given priority. Foreign registration is preferred if you have a prior trademark registration in your own country (a state party to a U.S. treaty) and have not used or sold the trademark of the intended product in the United States .
