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American trademark main book trademark

发布日期:2022-08-25  浏览次数:   信息来源:小编

With the rapid development of my country's cross -border trade, the demand for overseas intellectual property protection is also increasing, and foreign trademark registration has attracted much attention. Judging from the data application volume data in China in recent years, the United States has always been a popular country for our overseas trademark layout.

The trademark registration of the Federal Patent Trademark Office is divided into \"Main Book Registration\" and \" \" two parts, which are similar to the two parts of the British and some British countries.

1. What is the main book trademark and deputy book trademark The difference between trademarks in the \"main book\" or \"sub -book\" is based on whether the trademark is significant. Most applicants go to the United States to apply for a registered trademark, unless there are special explanations, it generally refers to the registration of the main book.

The United States registers the \"sub -book\" that does not have significant and lack of a second meaning, but can distinguish the applicant's commodity or service.

The main book trademark
The sub -book Trademark


2. The main book The difference between trademark and deputy book trademark


(1) The main book trademark is to protect the ownership of a significant trademark name; With a significant trademark name ownership.

(2) The main book trademark assumes that the trademark is valid; the effectiveness of the trademark trademark of the secondary book requires the applicant to prove it.


(3) The main book recognizes the ownership of the trademark. When complaining the trademark infringement, it is determined that the public already knows that the registered trademark exists; OK, the public may not know.

(4) After submitting a statement of Section 15, the main book trademark cannot be mentioned in the second largest point. The reason to apply for a trademark is invalid;There are controversy, but the deputy book trademark registration for more than 5 years can re -apply for the main book.

(5) The main book trademark can be recorded to prevent the import of infringing products;

(6) The main book trademark can be submitted to Madrid for application; the sub -book trademark cannot be submitted to Madrid for application.

(7) The main book trademark can be used to apply with the intention;

]


3. The same point of the main book trademark and deputy book trademark

(1) Regardless of whether Is it the main book or the deputy book trademark. Once the trademark is infringed, the holder has the right to sue to the federal court;


(2) third party The name of the trademark name similar to the main book or a sub -book trademark cannot be registered; (3) can be marked after registration; [123 ]

(4) After the trademark registration of the sub -book for more than 5 years, accumulate sufficient use of evidence to prove that the trademark can apply for the second meaning by using the second meaning, and you can apply for the main book trademark.

] 4. Reasons for invalid trademarks

(1) LikeliHood of Confusion, DILUTION, Descriptive with Secondary Meaning reasons, [123 123 123 123 ]

It needs to be invalidated within 5 years, if it exceeds this time, it will not be invalid.

(2) Fraud, Become Generic, Functional, Abandon and other reasons that can be mentioned invalid at any time.

Anyway, the trademark of the deputy book registration is not as good as the main book registration, but

The trademark of the trademark can also be protected to a certain degree through the sideline registration.

It is not difficult to apply for a trademark, but it is not a simple matter.Applicants need to understand the complicated logic and various procedures of the trademark law. They have predictable to avoid some problems in the early stage of application, so as not to invest in unnecessary investment in the later stage.