The United States uses the principle of prior trademark protection. The ownership of a trademark usually depends on the use of the trademark in the United States. After registered, the owner should use the trademark within 3 years from the date it was officially registered. It is mandatory to engage the mark on trade or commercial transactions within the jurisdiction of the United States.
Besides, the owner of the registered trademark must file a document declaring that the mark is continually used for commerce or trade. This declaration must be filed sometime between the 5th and 6th year after the date of registration. Failure to comply will result to cancelled registration. Registered trademarks in the United States are protected in its entire geographical scope including territories such as Puerto Rico, Virgin Islands, Northern Mariana Islands, Guam and American Samoa.
The Right of Priority on U.S. Trademark Registration:
If the first application was filed in a country that is a member of the Paris Convention, and it was filed within 6 months from the US filing date, it is possible to claim priority
Duration of Application:
10 months (if no objections or oppositions arise)
Mark Validity Period:
Renewal application for 10 years