The system for trademark protection in the United States includes:

• Registration
• Common law

The United States belongs to the following international treaties:

• Paris Convention
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Trademark Law Treaty ("TLT")
• Singapore Treaty on the Law of Trademarks

The benefits of registering a trademark in the United States include:

• Other: Having a registration provides significant benefits for tm owners in the United States, including making it easier for tm owners to prove rights in conflict matters and use of the ® symbol

Service marks

Yes

Defensive marks

No

Collective marks

Yes, must be registered by the collective - not members.

Certification marks

Yes, the same requirements as non-certification marks.

Well-known marks

No

Series marks

Yes, TMs must resemble each other in material particulars.

Marks in a different language or characters other than Roman characters

Yes, the translation must be provided.

Non-traditional marks: Sound marks

Yes, must prove secondary meaning via evidence.

Non-traditional marks: Smell marks

Yes, must prove secondary meaning via evidence.

Non-traditional marks: Position marks

Yes, it is represented in the application by showing the mark from different perspectives.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, need to prove secondary meaning via evidence.

Non-traditional marks: Shape or three-dimensional marks

Yes, need to prove secondary meaning via evidence.

Documents and information required to file a trademark application in the United States include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Statutory Declaration
• Power of Attorney

Yes, multi-class applications are permitted in the United States. There is no maximum number of classes prescribed for each application. 

Yes, there is substantive examination of trademarks in the United States on the following grounds:

• Substantive grounds
• Relative grounds

Absolute grounds for refusal of a trademark in the United States include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Mark consists of a surname

Relative grounds for refusal of a trademark in the United States include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

The time period from application to registration in the United States is between 6-12 months. 

Yes, late renewal of trademark registration is permissible in the United States. There is a six-month grace period after the trademark has expired. 

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or a registration of a trademark in the United States. Specimens showing actual use in commerce required for registration and maintenance- tough standards for specimens to actually prove up required use.

No, trademark licensees are not required to record themselves with the Registrar in the United States. 

Available enforcement methods in the United States include:

• Civil enforcement
  • Infringement action
• Administrative enforcement
• Border or other administrative enforcement measures

Yes, the United States requires actual use in commerce for registration, the United States Patent and Trademark Office ("USPTO") is quite particular about the specimens showing actual TM use (e.g., for goods, the mark must appear on product, packaging, or point of sales materials in a manner that would be typically understood as providing source information.