Latest Knowledge Base Articles
- Never Too Late: If you missed the IPKat last week!
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- Respecting the Lens: Copyright Infringement and the Rights of Photographers in South Africa
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- Once the genie is out of the bottle…
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- [Guest post] Retromark Volume XVI: the last six months in trade marks
- Trademark Opposition in Indonesia
- Public Consultation by the BPTO on Draft Guidelines for AI Inventions
- Specsavers (Pty) Ltd v Strategic Ideal Holdings (Pty) Ltd
- KIPO, Protecting Public Safety and K-Brands - Crackdowns on Counterfeit Goods Distribution!
- Guide to Trademark Renewal in France
- Update to trade mark practice guidelines
- Nauru leaders meet top US officials in White House to build stronger economic ties
- BPTO Public Consultation on Draft Guidelines for New Uses of Known Products
- Namibia now leads Africa Group in negotiations for formulating norms for copyright limitations and exceptions
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- Zanzibar IP Office announces increased fees
- Intellectual Property Protection of Cartoon Characters: A Collision of History and the Future
- WeChat’s Trademark Portfolio Analysis
- Pinterest’s Trademark Puzzle: Global Strategy and Intellectual Property Game
- New Zealand Trademark Renewal Guide
- Must-Read for Trademark Applications: The Ultimate Guide to Avoiding 3 Major Pitfalls in Specimen Amendments!
- Australian divisional patent “best method” requirement revisited
- [International Design Applications] A list of international registration numbers and application numbers for international design registration applications
- Form and substance: the developmental promises of geographical indications in Africa
- From safe harbours to AI harbours: reimagining DMCA immunity for the generative AI era
- Say goodbye to my little FRAND1: is the withdrawal of the European Commission’s Regulation on standard essential patents a missed opportunity or a dodged bullet?
- The UPC Court of Appeal finds no temporal restrictions on its jurisdiction in XSYS v Esko
- The reproducibility challenge for advanced therapies (T 0827/23)
- You snooze, you lose: CJEU upholds cancellation of plant variety rights for failure to pay fees on time
- European Parliament -Think Tank: Technological Aspects of Generative AI in the Context of Copyright
- Intellectual Property Office of Ireland publishes 2024 Annual Report
- Travelwings Trade Mark Case Clarifies Limits of WINGS Trade Mark Exclusivity
- [Guest post] Was Mary lost in cyberspace? A domain name decision that aims to redefine the Oki Data criteria
- Joint Ministerial Decision on the procedure for the imposition and collection of administrative fines under Article 65A of Law 2121/1993 (Government Gazette A’ 25) August 5, 2025
- CJEU: National trade name rights are not governed by the EU Trade Mark Directive
- Examiner Consultation Held with China National Intellectual Property Administration (CNIPA)
- Never Too Late: If you missed the IPKat last week!
- KIPO Apprehends Former Executive Attempting to Leak Secondary Battery Technology Overseas
- Special website for the 2019 Design Law amendments
- Event Information
- About Patent Attorneys
- Intellectual Property Protection on Pinduoduo and Its Overseas Platform Temu
- Summary of Results of the 2025 WIPO General Assembly
- Trade secrecy in automated decisions: against the myth of irreconcilability and the imposition of patents
- No change: The EPO's guidance to Examiners on how to apply G1/24
- Upcycling under EU copyright law: from infringement risks to protectability requirements
- Wednesday Whimsies
- Never Too Late: If you missed the IPKat last week!
- [Book Review] Food, Philosophy, and Intellectual Property
- BREAKING: Referral on description amendments finally confirmed! (G1/25 - "Hydroponics")
- [GuestPost] Has G1/24 made the referral of the question of amendment of the description from T697/22 inevitable?
- Copyright exceptions and fair use defences for AI training done for “research” and “learning”: A new academic study
- [Guest post] Dutch court grants pan-European copyright injunction against Tripp Trapp chair look-a-like
- BRPTO publishes new ordinances on trademark priority procedures
- Trademark Examination Status
- "What does an IP Officer Do?" - The Real World of Small and Medium-sized Enterprises and Startups
- Patent Application Statistics
- About the "Connected Patent Office"
- Call for opinions on the "Draft Ministerial Ordinance Partially Amending the Enforcement Regulations of the Patent Attorney Act"
- Qatar Trademark Office Begins Transition to Digital Services
- The Power of Timestamps: How E-Evidence Was Preserved in the Pangdonglai Cases
- What Is Trademark Dilution: A Helpful Overview With Real-World Examples
- Disney and NBCUniversal Sue Midjourney in Landmark AI Copyright Case
- Circular: Fee Updates
- G 1/24 in the spotlight: Description definitions do not override clear claim language (T 1999/23)
- Why patents matter: Understanding the importance of IP in the pharma industry
- [Guest post] The enduring importance of territoriality in patent rights – Lessons from the WTO Arbitrators in China - Enforcement of Intellectual Property Rights
- Wednesday Whimsies
- Never Too Late: If you missed the IPKat last week!
- Tote Bags at Dawn: Bona vacantia, trade marks and copyright
- General Court: Sale of second-hand Testarossas by Ferrari dealers can constitute genuine use
- Ambassador of Hashemite Kingdom of Jordan called on Chair IPO-Pakistan
- The Chairperson of IPO-Pakistan emphasizes the importance of protection of IPRs by patenting of agro-technology, safeguarding national genetic resources, and associated traditional knowledge
- Meeting of IPR Enforcement Coordination Committee, Peshawar
- Patents Amendment Bill passes first reading
- Infringement: Can It Actually Be Worth It?
- The JPO holds bilateral meetings with partner offices in conjunction with the Assemblies of the Member States of WIPO
- Increasing choice for customers filing patents in overseas markets
- Strengthening International IP Cooperation: European Virtual Communities and International IP Alliances
- IPOPHL says IP is the ‘greater equalizer’ in driving innovation to market
- Philippines concludes participation in 2025 WIPO General Assembly with leadership milestone
- 2025 EUIPO Examination Guidelines now available in 23 Official EU languages
- General Court confirms cancellation of ‘Iceland’ trade marks
- Guide to Trademark Renewal in Japan
- How to Regain Brand Control from Hijacking
- Global Island Hotel Brands: The Art of Trademark Protection for Summer Vacation
- UK IPO launches SEPs consultation
- Wise Payments v With Wise: Court applies SkyKick in score-draw infringement claim
- Eleanor – prop or character? US Court of Appeals says prop
- In-Depth Analysis of LinkedIn’s Global Trademark Strategy and Intellectual Property Approach
- Never Too Late: If you missed the IPKat last week!
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{{enterWhos.enText}} Trademark Registration
Registration process
Requirements
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Principle of trademark protection:Principle of trademark protection;
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Classification system of goods and services:Nice Classification; multi-class application is available;
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Requirements for trademark use:The applicant shall provide evidence showing use of the trademark on the designated goods/services. Evidence of use for goods includes but not limited to: product photos printed with trademarks, product packaging, product labels, exhibition pictures, brochures, sales contracts and other purchase documents and information; but advertisements or media reports cannot be used as evidence of effective use. Evidence for services includes but not limited to: the brochures printed with trademarks, web page introductions, contracts for provision of services and other documents.
It is important to preserve the evidence when use a trademark in United States; otherwise the trademark will be partially or totally invalidated over the designated goods and services for not submitting sufficient mark use evidence during the stage of submitting the statement of use. -
An application for trademark registration shall be filed before the U.S. Intellectual Property Office (USTPO), and there must be a basis for filing application in the United States. There are mainly three types:(1)"Intended Use": This basis applies to cases where the trademark has not been used in the United States at the time of filing the application for registration. Based on "intention to use" to file an application for trademark registration, the application can be submitted directly without providing evidence of trademark use. However, when the official passes the trademark examination, an official notice will be issued requesting the applicant to submit evidence of use and the time of first use in the world and the United States in order to obtain a trademark registration certificate. If the trademark has not been used before it is approved for registration, the applicant may postpone the submission of the statement of use for a period of 6 months at a time, for a total of 5 times. If the use evidence cannot be provided in the end, the trademark will be invalid.
(2)"Actual Use": This basis is applicable to the case where the trademark was already used in the United States when the application for registration was submitted. When filing an application for trademark registration on the basis of "already used", evidence of the use of the trademark in the United States and the earliest date of use shall be provided.
(3)"Registration in Other Countries": This basis is used when an application for registration of the same trademark has been submitted in the origin country and the applicant cannot provide mark use evidence in the United States for a short period of time. Application information (including designated goods/services) in the US application should be consistent with those in the application of origin country, and a copy of registration certificate in the origin country should be provided.
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