What are the main features of American trademark registration?
What are the main features of American trademark registration? 1, American trademark registration adopts the principle of first use. American trademark registration adopts the principle of "first use". Even if the trademark is registered by others, the first user of the trademark still enjoys the priority of use, that is, the first user of the trademark is protected by law. According to the principle of "first use", a trademark may or may not be registered. As long as unregistered trademarks are in use, they can also be protected by law: when an infringement lawsuit is filed, evidence of prior use must be provided. The registration of trademarks shows the special rights of trademark registrants. After five years of registration, the trademark will not allow other users of the same trademark to raise various disputes. In addition, the registered trademark owner has the right to pursue the legal responsibility of the trademark fraudster and demand economic compensation. If the trademark of a company or individual is not registered, the first user of the trademark can only ask the court to stop the use of the trademark infringer, but can't get the corresponding economic compensation. 2. Registration system of main book and auxiliary book The trademark registration of the United States Federal Patent and Trademark Office is divided into two parts: the main book registration and the auxiliary book registration. Similar to the trademark registration of Britain and some Commonwealth countries, it is divided into two parts: A and B. The difference between the registration of trademarks in the main book and the auxiliary book is mainly whether the trademark is significant. American registration is not significant and lacks the second meaning, but it can distinguish the trademarks of the applicant's goods or services in the "supplementary book". Trademarks registered in the "Deputy Book" can become official trademarks. After a certain period of use, it is proved that it fully meets the conditions of registered trademarks, and it may rise to the "main book". 3. The components of trademarks are wider. American trademark law allows a wider range of registered trademark components, which also means a wider range of trademark protection in the United States. According to Article 45 of Lanham Law, a commodity trademark, a service trademark, a collective trademark and a certification trademark can be composed of "words, surnames, symbols, patterns or the combination of the above". The words and expressions such as "symbol" and "design" are abstract, but at the same time they are endowed with rich and extensive connotations. Generally speaking. American trademark elements include words, colors, smells, sounds, product packaging and design. 4. Geography: Users who register American trademarks at the federal and state levels can choose to register their trademarks in the federal or state where their business is located. Federally registered trademarks can be used nationwide and protected by the federal trademark law. To apply for trademark registration in the Federation, it is necessary to prove that the trademark has been used in more than two States or other countries and has developed its business, before the Federal Trademark Office will accept it. In addition to the federal trademark law, all States in the United States have trademark legislative power, trademark "state-level registration right" and state-level registration authority. The trademark laws of each state are limited to trademarks that regulate the use in commercial activities and do not exceed the state boundaries. It also restricts the use of trademarks registered in each state only in this state and region. All national trademark offices have no right to accept applications for trademark registration from foreigners. Foreigners can only apply for trademark registration with the Federal Patent and Trademark Office even if they are engaged in business activities in only one state in the United States. Registered trademarks in the United States can be registered federally or only in a certain state, and the legal protection varies greatly. Under normal circumstances, trademarks that are not registered in the United States Patent and Trademark Office are only protected by the laws of the state where they are located. Once they are infringed, they cannot get legal compensation. In case of conflict with the federally registered trademark, the federally registered trademark enjoys the right of priority in use and protection. The differences of trademark laws in different countries are quite large, and the registration of trademarks is also related to the local legal system, economic development and social reality. If you simply apply for a trademark in China, register a Chinese trademark and an American trademark, there will definitely be some differences in procedures and materials submitted, but no matter which country, trademark registration is under the jurisdiction of the local trademark office.