I.Flow Chart for Trademark Registration in US

1、Trademark Search

before filing your application, determine whether anyone is already claiming trademark rights in a particular mark.

From the United States Trademark Office, we can get prior trademark records and the preliminary opinions on whether it has been registered or not. The search result will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

2、Submit Application

An application must include the following elements before the USPTO will accept it:

?         the name of the applicant;

?         a name and address for correspondence;

?         a clear drawing of the mark;

?         a listing of the goods or services; and

?         the filing fee for at least one class of goods or services.

?         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.

?         Signature .

A person who is properly authorized to sign a verification on behalf of the applicant is:

a person with legal authority to bind the applicant; or

a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or

an attorney as defined in 37 C.F.R. §10.1(c) who has an actual written or verbal power of attorney or an implied power of attorney from the applicant.

3、Notice of Acceptance

If you file a paper application, and it meets the minimum filing requirements, the Unite States patent and trademark office(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.

4、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.

5、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, a weekly publication of the USPTO.

6、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.

7、Time and Fees

Time: The approximate time for obtaining the certificate, without Official objection or Opposition, is about 11-15 months. Registration of USPTO may be renewed every 10 years from the date of filing, at the proprietor's request.

If registration application runs smoothly, it only requires six months.

Search fee: for each trademark of each classRMB2,500 (English characters for RMB2,500 );

Application and registration fees: RMB10,000; lump-sum pay when filling in the Power of Attorney.

The USPTO may be renewed every 10 years from the date of filing, at the proprietor's request.