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U.S. Trademark Registration

There are three common ways to apply for a U.S. trademark:

One is: Use-in-Commerce Application, i.e., Section 1(a);
One is: Intent-to-Use Application, i.e., Section 1(b);
One is: Application based on a Chinese trademark certificate, i.e., Section 44(e).

Use-in-Commerce Application: This means the trademark is already in actual use and being sold in the United States. Evidence of use must be submitted along with the application.

Intent-to-Use Application: This means the trademark is not yet in actual use or being sold in the United States, but there is a plan to use it in the U.S. After publication and upon receiving the 'NOTICE OF ALLOWANCE (NOA)', evidence of use must be submitted, along with a government fee of USD 100.

Materials required for a U.S. trademark application:

  1. Trademark image in JPG format: Provide a design drawing of the trademark (for trademark applications intended for Amazon brand registry, it is recommended to use a plain text/word mark).
  2. Evidence of trademark use: Product photos bearing the trademark, sales screenshots, links, etc.
  3. Name, address, and contact information (in English) of the applicant or legal representative.
  4. For company applications: Provide company information (business license).

Important notes regarding the submission of use evidence:

(1) If webpage screenshots (e.g., Amazon sales screenshots) are provided as evidence of use, the corresponding webpage URL and the date the URL was generated must also be provided.
(2) If product images are provided as evidence of use, they must show the logo in use.
(3) Not all evidence requires a URL. URLs are specifically required only when webpage screenshots (e.g., Amazon sales screenshots) are submitted as evidence of use.
(4) For webpage or product links used as evidence, the content must be entirely in English; no Chinese should appear. The product on the link must be in a purchasable state.
(5) The date the product was first listed on Amazon must not be later than the trademark application filing date. This can be checked in the 'product information' section.
(6) Sales orders, invoices, etc., must all be in English. Otherwise, the USPTO will require translation, which is troublesome and time-consuming.

Term of Protection: 10 years


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