USA

The USPTO conducts correspondence exclusively in English. Any foreign applicant needs to appoint a US attorney licensed to practice on one of the states for handling its IP matters before the Office. The appointment can be confirmed with a copy of signed Power of Attorney.

A local representative well-versed in the IP protection practices will be also required in order to protect to intellectual property rights at court. If one decides to take legal action, it shall be taken to USPTO Trademark Trial & Appeal Board or federal courts, depending on the case. For patents, the plaintiff can also file actions with the International Trade Commission.

Average examination timeframe for applications for inventions/utility models is about 1-2 years after filing, although sometimes can be sooner. For industrial designs and trademark application this time is shorter, usually 12 months and 10 months respectively.

When it concerns trademark protection in the US, it shall be noted that trademark rights are attributed on the “first-to-use” basis, unlike many other countries, where a “first-to-file” system is used. The use of trademark in commerce is not only a basis for determining priority date. Proof of actual use of the mark within the US or intent to use also needs to be submitted in the process of registration of the mark, with a requirement to prove use every 5 years thereafter.

Third parties can file oppositions against pending trademark applications and enter a dispute with the applicant of the contested trademark.