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United States trademark law
date: 2013-11-25

United States trademark law, The first trademark law in the United States was 1870 annual "United States of America Federal Trademark Act" . Act in 10 It was annulled later by the United States Supreme Court as unconstitutional, In place of 1881 Annual trademark act. The current trademark law is 1946 annual. total 50 article.

This law is based on the principle of use:

(1) The trademark should have the condition of being identifiable, It does not violate the prohibition.

(2) The formalities of trademark registration. censor, It shall be published by the Patent Office on the trademark notice, Any objection should be made in 30 intraday, Those with just cause may request an extension of the time limit. The applicant is not satisfied with the decision of examination or objection, It may be filed with the Patent Office, Against the decision of the Patent Office, Action may be taken to court.

(3) Protection of the exclusive right to use trademarks. Early American trademark law adopted the principle of first use, later, As the situation changes, Instead, the principle of first registration is adopted in principle, But the user has a certain time limit to file charges, revocable, Only when the deadline has expired, The first registrant can acquire the ownership of the trademark.

(4) The term of validity of a registered trademark is 20 years, renewable, Each renewal is also 20 years. In addition, The law also applies to trademark applicants, Such issues as infringement are regulated.



For details, please seehttps: //wipolex. wipo. int/en/text/585352