US Registered Trademark Law

According to the laws of the United States, any businessman has the exclusive right to distinguish his goods or services from the goods or services produced by other businessmen.

In this way, the "exclusive rights" recognized by law can be obtained. Once registered trademarks are approved by the federal government, the registered marks can be added to the registered trademarks.

In addition to the above symbols can be printed on the goods, the holders of the Federal Register of trademarks can also be used in the following English words "Registered in U.S. Patent and Trade- Mark Office", or simply referred to as "Reg.U.S.Pat.& TM off.".

Once the words of one of the symbols or above are added to the English word, the holder of the federal registered trademark does not have to give special notice to the illegal businessman who infringes "exclusive rights". Once a tort is proved, the holder of the federal registered trademark can sue the court for the infringer to compensate for the loss.

The United States Federal Patent and Trademark Office is located in Washington, and each state has a trademark office.

Any American practicing lawyer can apply for the trademark applicant.

The registered trademark granted by the federal government is valid for 20 years before November 1989.

After approval in November 1989, it will only be valid for 10 years.

But it can be extended for 10 years.

A registered trademark approved by the state government is usually valid for 10 years.

The "service mark" in the trade mark can only be applied to the service industry, such as banks, hotels, etc.

Some trademarks are "group trademarks". They are trademarks that are shared by all the members of a group, whether they are services or commodities.

"Certificate trademark" is a trademark applied to other people's products, goods or services.

Before the Federal Patent, trademark office and the State Trademark Office apply for a registered trademark, they should make a detailed "Trade-Mark Serch" through the American lawyer.

The cost of trademark search is usually between 250 and 1000 dollars.

In order to obtain the "exclusive rights" of trademarks, the trademark must be applied in commerce, whether in goods or services.

The so-called application, in terms of goods, means that it has been sold to the third, and the more times it sells, the more it can be shown as a normal sale rather than a single sale.

In 1988, the United States federal government changed the trademark law, so long as the registered trademark holder had "really wanted to apply", it could apply for it. Instead of the requirements and instructions that were actually sold in the past, such a legal reform would make it easier for foreign merchants to apply for the United States registered trademark.

According to the second article of the Trademark Law promulgated by the federal government of the United States in 1946, the Federal Patent and Trademark Office has the right to refuse to apply for registration if any of the following situations occurs.

1. trademarks contain libel and devaluation; the 2. trademarks are similar to those of the US government agencies; 3. of them are not approved by a living person or the will of the deceased; 4. of them are similar to the US Federal registered trademarks which have been registered without giving up; the 5. illegal lawmarks are applied to the trade of goods or services of trademarks, or to individual sex rather than to products, goods or services.

The twenty-third article of the trademark law authorized the federal government patent and Trademark Office to set up the Supplementary Register. If the trademark can indicate the applicant's product or service industry, it can be registered in the supplementary registration department.

　　獲得美國聯(lián)邦政府專利商標局批準成為聯(lián)邦注冊商標持有人可享受下列利益：　　1.可在聯(lián)邦法院起訴商標侵犯行為；　　2.可在起訴侵權行為的訴訟中獲得賠償費、堂費、律師費及“3倍金錢損失”（Treble Damage）；　　3.可享有假定的有效注冊（Presumption of Validity of Registration）；　　4.可享受不能推翻的某種權利（Incontestability of Rights）；　　5.可在貨品、產(chǎn)品上印有注冊符號；　　6.如將注冊文件遞送美國海關處，可防止侵犯商標貨品進口美國；　　7.建立推斷性擁有權的告示（Constructive notice of Ownership）；　　8.可作民事和刑事訴訟起訴假冒貨品（Counterfeiting）；　　9.可到其他國家申請注冊商標，享受雙邊優(yōu)惠。

Trademarks registered in various states can guarantee the trademark rights and interests of registered trademarks in the state. If they are infringed, they may be prosecuted in the state courts.

Any business person who is engaged in the United States should consider the interests of his own industrial property and apply for a registered trademark through the American lawyer to avoid infringement.