With the continuous development of foreign trade, especially the cross-border e-commerce industry, more and more companies and individual sellers are constantly entering this trend. In this process, the demand for overseas intellectual property protection is also increasing rapidly, and foreign trademark registration is receiving more attention. The United States, as the preferred major country for cross-border e-commerce in China, has remained a popular country for our overseas trademark layout in recent years. Every year, there are countless trademark applications and licenses.

In many previous articles, we have also focused on American trademarks and provided a detailed introduction to their various aspects. (For details, you can go to the official account to search). I believe everyone has also gained a deep understanding of it.

But you know what? Unlike most countries, according to the laws of the United States,There are actually two forms of trademark registration in the United States: primary registration and secondary registration.What is the difference between these two forms and how should one choose? Today's article will take you to a detailed understanding.

(1)Main Register Registered Trademark

At the time of registration, it can serve as a distinguishing mark for the source of goods or services, and is a significant mark.

The trademarks registered in the main register mainly include two types:

The first type is trademarks that have strong distinctiveness themselves, such as trademarks, arbitrary trademarks, and suggestive trademarks. The second type is trademarks that lack distinctiveness but have obtained distinctiveness through use, such as descriptive trademarks that have obtained a second meaning.

(II)Registered trademark in the sub register

The trademark registered in the sub register, although temporarily lacking distinctiveness and unable to distinguish its origin, may generate a second meaning beyond its original meaning through long-term use in combination with a certain commodity, and can obtain distinctiveness through use. These types of trademarks are mainly descriptive trademarks.

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two、The advantages of registering the main and auxiliary books

(1)Main Register Registered Trademark

① Publicly disclose the applicant's ownership of the trademark to the public;

② The validity of the presumed trademark, the applicant's ownership of the trademark, and the applicant's exclusive right to use the mark nationwide for the designated products and services;

③ After the trademark is approved for registration, it is presumed that the registrant has used the trademark nationwide since the date of filing the trademark registration application;

④ Capable of filing a lawsuit related to the trademark in federal court;

⑤ Obtain the right to register and file with the United States Customs and Border Protection to monitor and prevent the importation of products bearing the Saiyu infringement mark;

⑥ The applicant may apply to make the trademark indisputable.

(II)Registered trademark in the sub register

① The examiner may use it to oppose later submitted similar or identical trademark applications during substantive examination;

② Owners can use registration symbols in conjunction with the trademark;

③ Can be used as a basis for submitting foreign trademark applications;

④ If you use it continuously for 5 years from the date of registration and provide relevant proof, you may be eligible to apply for registration in the main register.

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(1)difference

① The main book trademark protects the ownership of trademark names with distinctiveness; The sub register trademark only protects the ownership of trademark names that do not have distinctiveness.

② The main book trademark assumes that the trademark is valid; The validity of the sub register trademark needs to be proven by the applicant.

③ The master clerk acknowledges the ownership of the trademark, and when complaining about trademark infringement, assumes that the public is already aware of the existence of the registered trademark; The ownership of the sub register trademark is uncertain, and the public may not be aware of it.

④ After submitting the declaration in section 15, the main register trademark cannot apply for trademark invalidity on the grounds mentioned in the second point; The sub register trademark is subject to ongoing disputes, but if the sub register trademark has been registered for more than 5 years, it can be reapplied for under the main register.

⑤ The main trademark can be registered with customs and registered as a brand on Amazon to prevent infringement; The secondary register trademark cannot be used.

⑥ The main trademark can be submitted for Madrid application; Sub registered trademarks cannot be submitted for Madrid applications.

⑦ The main register trademark can be applied for with intent to use; A subsidiary trademark cannot be applied for with the intention of one type.

(II)Similarities

① Trademark information can be retrieved on the official website;

② The validity period is ten years and can be renewed after expiration;

③ After approval of registration, a registration certificate will be issued, which can use the R mark;

④ It is possible to prevent others from using the same or similar trademark on related goods or services. The examiner may reject the application for the subsequent trademark by citing the trademark, and the trademark owner may also raise objections to the application for the subsequent trademark;

⑤ May be granted registration or priority in other countries to create conditions;

⑥ Once a trademark is infringed, the holder has the right to sue in federal court.

(3)A picture summary

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four、It should be noted that

Based on the request to extend the protection of international registration to the United States, it cannot be registered on the subsidiary register.

2. Trademarks that are clearly eligible for registration in the main register may not be able to be registered in the secondary register.

3. The applicant shall not apply for registration of the trademark in both the main and sub registers at the same time. If the application is made simultaneously, the examiner must request the applicant to modify the application to specify only one register.

4. Trademarks registered in the subsidiary register cannot be directly converted to those registered in the main register. If the applicant wishes to register a trademark that has already been registered in the subsidiary register in the main register, a new application must be submitted.

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