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在美国获得商标注册需要经历几个阶段,花费几个月甚至几年时间,取决于申请过程中涉及的不同因素和审查员提出的问题。以下将对申请过程中的各种阶段作重点介绍,包括1. 申请前的考虑因素;2. 新申请递交;3. 审查;4. 公告及异议;5. 允许注册(如有);6. 注册。如果需要更详细的指引,则需与我所商标部的律师联系。 1....

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A Black Hole in the Distinctiveness Continuum for U.S. Trademark Applications

Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to establish with the U.S. Trademark Office that the mark has acquired secondary meaning to consumers as an identifier of source. This article will discuss specific instances in U.S. Trademark practice where this situation...

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Significance of Disclaimers in U.S. Trademark Law

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the trademark process: the conducting of a clearance search prior to filing an application, the prosecution stage when an Examining Attorney contends a portion of a mark is descriptive, and long after, when a previously-disclaimed...

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Ten Key Considerations on Chinese New Trademark Law

By Matthew D. Asbell and Dongfang Maggie Wang The Trademark Law of the People's Republic of China was recently amended and went into effect on May 1, 2014, though in some cases it applies to violations that occurred prior to the effective date and continue after that time. The main amendments of the law cover trademark registration, opposition, and review, as well as infringement liability. While the current law rectifies some problems that...

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Requirements for Recordal of a U.S. Federal Trademark Registration with U.S. Customs & Border Protection

Owners of U.S. Trademark Registrations may record their registration with U.S. Customs in order to prevent the importation and subsequent sale of counterfeit and/or infringing goods. In order to do so, the registrant must provide the following details: Country of manufacture of goods bearing the genuine trademark. Is the trademark owner a U.S. citizen (corporate or personal)? If not a U.S. citizen, provide the citizenship of trademark...

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