As one of the most mature intellectual property protection systems in the world, the U.S.
trademark system is not only a key guarantee for safeguarding brand rights but also a "must
-learn" for global brands, creators, and cross-border entrepreneurs planning to enter the U.S.
market. Different from the trademark systems of other countries, the U.S. trademark system
is based on the Lanham Act and administered by the United States Patent and Trademark
Office (USPTO), with unique rules such as the "first-to-use principle" and mandatory use
evidence requirements. This article systematically popularizes core knowledge of U.S.
trademarks, helping readers quickly grasp key points, avoid common pitfalls, and lay a solid
foundation for legal brand operation in the U.S.
A U.S. trademark is a distinctive sign used to distinguish the goods or services of one
enterprise from those of others, including words, graphics, logos, slogans, colors, sounds, and
even three-dimensional shapes. According to U.S. trademark law, a valid trademark must meet
two core conditions:distinctiveness (ability to identify the source of goods/services) and
actual commercial use (use in U.S. interstate or foreign commerce).
The protection scope of U.S. trademarks covers two levels: federal registration protection and
state common law protection. Federal registration through USPTO grants nationwide exclusive
rights, while unregistered trademarks that have been actually used can only obtain regional
protection in the states where they are used. It is worth noting that U.S. trademarks do not
protect generic terms (e.g., "coffee" for coffee products) or purely descriptive words (e.g.,
"fresh" for fruits) unless they have acquired distinctiveness through long-term use.
The biggest difference between the U.S. trademark system and most countries (such as China
and the EU) is the"first-to-use principle". In the U.S., trademark rights are not obtained by
virtue of priority in application, but by priority in actual commercial use. This means that
even if you file a trademark application later, if you can prove that you used the mark
commercially earlier than the applicant who filed first, you may still obtain trademark rights.
In contrast, the "first-to-file" system adopted by most countries grants rights to the first
applicant to submit a trademark application, regardless of the actual use time. For global
brands, this requires paying special attention: when entering the U.S. market, it is necessary to
promptly record the use evidence (such as product packaging, sales records, and promotional
materials) to avoid losing rights due to late application but early use.
USPTO accepts two main types of trademark applications, which are suitable for different
scenarios and need to be selected according to the actual situation of the applicant:
● Use-in-Commerce Application: Applicable to applicants who have already used the trademark
in U.S. commerce. When applying, it is necessary to submit valid use evidence (such as product
photos with the trademark, sales invoices, and website display screenshots). The advantage is
that the registration process is faster, and the trademark rights can be obtained more quickly.
● Intent-to-Use (ITU) Application: Applicable to applicants who have not yet used the trademark
but have a clear intention to use it in the U.S. market. After the application is approved, the
applicant needs to submit use evidence within 6 months (which can be extended 5 times, each for
6 months) to complete the registration. This type of application helps applicants occupy the
trademark in advance and avoid being preempted by others.
Obtaining a U.S. trademark registration is not the end; regular maintenance is required to keep the
trademark valid. The core maintenance requirements include two key points:
1. Section 8 Declaration of Use: Between the 5th and 6th years after registration, the trademark
owner must submit a declaration proving that the trademark is still in actual use in the U.S. If no
use evidence is submitted or the use is invalid, the trademark will be cancelled by USPTO.
2. 10-Year Renewal: A U.S. trademark is valid for 10 years from the date of registration. Before the
expiration, the owner needs to apply for renewal and submit use evidence again. Renewal can be
done indefinitely, and each renewal is valid for another 10 years.
A common mistake for many overseas brands is ignoring post-registration maintenance, resulting
in the cancellation of trademarks that have been registered with great effort, causing unnecessary
losses.
For global applicants, there are many common misunderstandings about U.S. trademarks, which
often lead to legal risks. Here are the key ones to avoid:
● Myth 1: "Registering a domain name is equivalent to registering a trademark" — Domain names
and trademarks are independent rights; registering a domain name does not mean obtaining
trademark protection, and vice versa.
● Myth 2: "A trademark registered in my country can be used directly in the U.S." — Trademarks are
territorial; a trademark registered in other countries has no legal effect in the U.S., and separate
application and registration are required.
● Myth 3: "Unregistered trademarks have no protection" — Unregistered trademarks that have been
actually used can obtain common law protection in the U.S., but the protection scope is limited to the
region of use and is weaker than federal registered trademarks.
For non-U.S. individuals or enterprises (without a domicile or principal place of business in the U.S.),
USPTO has a mandatory requirement: must entrust a U.S.-licensed intellectual property attorney
to handle all trademark-related matters, including application filing, office action response,
maintenance, and infringement rights protection. This is to ensure that the application complies with
U.S. legal procedures and avoid procedural errors due to unfamiliarity with local rules.
In conclusion, the U.S. trademark system is characterized by strict rules, strong enforceability, and
unique institutional design. For global brands and creators, mastering the core knowledge of U.S.
trademarks, standardizing the application and maintenance process, and avoiding common pitfalls are
the key to safeguarding brand assets and achieving long-term development in the U.S. market. If you
need more detailed guidance, you can refer to the official resources provided below.
Hyperlink List：
● IPcrossark
IPcrossark—Reliable IP Registration Platform | Trademark, Patent & Copyright Help
● USPTO Trademark Basic Popular Science Guide:
https://www.uspto.gov/trademarks/basics
● U.S. Lanham Act Key Provisions (Trademark-related):
https://www.congress.gov/usc/title-15/part-I/chapter-22/subchapter-I
