United States – Use of a Trade Mark
United States – Use of a Trade Mark

United States – Use of a Trade Mark

United States – Use of a Trade Mark Register a company in the USA

The US Patent and Trademark Office (USPTO) operates a policy quite different to that of the UK Intellectual Property Office (IPO) and Office of Harmonisation in the Internal Market (OHIM) as regards trade mark use. It is important that non-US applicants are aware of this difference before filing a trade mark application in the USA.

When applying for a US mark, a key element to bear in mind is the ‘use’ basis on which you file the application. Trade marks that are already in use in the USA are treated differently procedurally, to trade marks which have not yet been used in the USA.Where the Mark is ‘In Use’

If the trade mark is already in use in the USA, you file a ‘Use Application’ along with a declaration that the mark is in use in commerce. At the same time you need to state the date the mark was first used anywhere in the world as well as the date it was first used in USA. The application must be supported with a specimen of the mark as used ‘in commerce’ (this is the expression used throughout the regulations, and is what is meant when discussing ‘use’ in the rest of this article). These extra hurdles undoubtedly make it more cumbersome to file US applications.

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