FAQ

How many basis for trademark registration in the United States?

1(a) Actual Use in Commerce

Applications based on actual use require evidence of commercial use in the U.S. (e.g., specimens showing the mark on goods/services) and the date of first use.

1(b) Intent to Use

The applicant can apply for a trademark without the specimen at the first stage of application. After the application is approved (following publication and opposition periods), the USPTO will issue a Notice of Allowance. The applicant will have 6 months to submit a Statement of Use (SOU) with actual specimens.

Section 44

Section 44(d): Claims priority based on a foreign application filed within 6 months in a Paris Convention country. Application under this basis still requires eventual use in U.S. commerce.

Section 44(e): Relies on an existing foreign registration (from the applicant’s home country). No specimens are required at filing, but the mark must be used in commerce to maintain the registration.

Section 66（a）

Applicants designating the U.S. via Madrid do not submit specimens at the international stage.

If I register an EU trademark, should I also apply for a German trademark?

While an EU trademark provides territorial protection across all 27 member states, including Germany, supplementary national registration may be advisable under specific circumstances. However, consider securing a German trademark if: Risk mitigation: Potential challenges to your EU trademark in Germany through opposition/cancellation actions Market prioritization: Germany constitutes your primary commercial base requiring enhanced enforcement mechanisms Procedural efficiency: Needing accelerated registration timelines for imminent product launches Consult an IP attorney to assess jurisdictional exposure and implement cost-effective portfolio strategies.

What is a industrial design?

Design patents are granted to protect new and original designs on a product and will protect the overall design of the product as a whole. A classic example of a design patent is the original, classic glass Coca-Cola bottle – a design patent prohibits other manufacturers from copying Coca-Cola’s style and look.

How do patents work?

A patent, when registered with the United States Patent and Trademark Office (USPTO), allows the holder of the patent to exclude others from making, using, or selling the invention protected by the patent. When a patent is registered and granted by the USPTO, the information about the patented invention is publicly disclosed. This means that the public is put on notice that the invention has been invented and is owned by someone (the patent holder). If another person later tries to copy the same invention and claim it as their own, the original patent holder can enforce his or her legal rights in the invention and can prevent the other person from continuing to make, use, or sell the secondary product.

How many types of copyrights？

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!

How long does copyright protection last?

The length of copyright protection depends on when a work was created. Under the current law, works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. If the work is a joint work, the term lasts for seventy years after the last surviving author’s death. For works made for hire and anonymous or pseudonymous works, copyright protection is 95 years from publication or 120 years from creation, whichever is shorter. Works created before 1978 have a different timeframe.