# A Guide to US Trademark Applications The US is a major consumer market with intense competition between brands. Korean businesses entering the market should plan their trademark protection early. Source: https://www.iplexlaw.co.kr/en/blog/1454444 HOME / NEWS & INSIGHTS NEWS & INSIGHTS A Guide to US Trademark Applications The US is a major consumer market with intense competition between brands. Korean businesses entering the market should plan their trademark protection early. Overseas Trademarks 2026.04.16 published IPLEX 6 min read Hello, this is IPLEX IP Law Firm. The US is a major consumer market with intense competition between brands. Korean businesses entering the market should plan their trademark protection early. Registering a trademark in the U.S. ensures that your brand is protected reliably by federal rights and that you have the foundation to respond effectively in the event of a dispute. Therefore, if you are targeting the U.S. market, it is important to proactively secure the trademark at an early stage. In this article, we will give you a brief overview of what you need for your work, from the preparation of U.S. trademark applications to the post-registration management. Do I have to search for a trademark? Yes, we do. The first and most important step in the success of a U.S. trademark application is the prior trademark search. It is basic to use the official database of USPTO to verify that the same or similar trademark has already been registered or is pending. In addition to this review, however, search engines such as Google, as well as major social media platforms (such as Instagram, Facebook, TikTok), e-commerce platforms (such as Amazon and eBay) and related domain names need to be extensively investigated. The reason for this is that US trademark examination do not only judge by spelling matches. If a consumer is judged to be confused, even if the pronunciation is similar or the meaning is similar, it can lead to a trademark rejection. For example, even if you have only a few different spellings, a shortened form of the word, or an English-style variant of the pronunciation, you can be judged as a trademark of the same type if you give a similar impression overall. Figurative marks require searches of relevant visual elements as well as words. A clearance review should consider word marks, figurative marks, and combinations of the two. A thorough search before an application can prevent time and cost loss due to unnecessary rejections or objections, and at the same time provide room for re-examination of the brand strategy. Once you understand the risks in advance, you will be able to respond flexibly, such as adjusting the trademark name or planning a new mark. This is a key step that must be taken when preparing to enter the US market. What is the procedure? The U.S. trademark application process is carried out step by step and depends on the application basis (Basis) of your choice. The entire flow is as follows. Application Form New U.S. trademark applications are filed through USPTO Trademark Center. The application identifies the mark, goods and services, filing basis, applicant details, and required fees. Accurate information helps reduce later objections and delays. (Formal Examination) We will review the details, signature, fee payment, class designation, product and service description, etc. to meet the format requirements. If there is a formal error, you will receive a correction request, and the next step is to submit a correction within the deadline. Substantive examination The examining attorney assesses matters such as conflicts with earlier marks, descriptiveness, and deceptiveness, along with other statutory grounds for refusal. A suitable clearance search and filing strategy help identify these risks. Grounds for Refusal (Office Action) An office action must be answered by its stated deadline. Many examination responses for Section 1 or Section 44 applications are due in three months, with a paid three-month extension available; Madrid Section 66(a) applications generally retain a six-month deadline. The response may require amendments, evidence, and legal arguments. (Publication for Opposition) A mark approved for publication appears in the Trademark Official Gazette, opening an initial 30-day opposition period. If an opposition is filed, proceedings are conducted before the Trademark Trial and Appeal Board. Registration (Registration) Use-based applications (§1(a)): registration follows the publication stage. Intent-to-use applications (§1(b)): a Statement of Use and evidence of use must be submitted and accepted before registration. Foreign-registration basis (§44(e)): because the application relies on a home-country registration, registration is possible without submitting evidence of US use at that stage. A Statement of Use is therefore generally not required for this basis. Evidence of US use is required for subsequent maintenance and renewal. Madrid Protocol basis (§66(a)): designating the United States through an international registration does not require evidence of use at registration, but evidence of US use is needed for post-registration maintenance. The filing basis affects registration requirements and timing, so it should be selected to match the applicant's circumstances and plans. Do I need management after registration? Yeah. The U.S. trademark right is not the right of registration alone to remain permanent, but only if you continue to use it and perform the necessary reporting and renewal procedures at the point in time prescribed by law. If you do not submit proof of use within the specified timeframe or miss a renewal, your registration may be canceled and you may lose your trademark right. 5-6 years: Declaration of Use The first maintenance declaration is generally due between the fifth and sixth anniversaries of registration. It must include qualifying evidence of use, or a legally sufficient claim of excusable non-use where applicable. Every 10 years after the 9th-10th year: Section 8 + 9 (Declaration of Use + Renewal) Non-Madrid registrations generally require Section 8 and Section 9 filings between years nine and ten and every ten years thereafter. Madrid-based U.S. registrations require Section 71 maintenance filings, with the international registration renewed separately through WIPO. Incontestable Status (Section 15) An eligible Principal Register owner may file an optional Section 15 declaration after five consecutive years of qualifying use following registration, subject to the statutory conditions. Incontestable status limits certain challenges; it does not make the registration immune from all attacks. Overall, U.S. trademarks are more important than “registration.” Systematically manage evidence of use even after registration, and fully comply with each step of reporting and renewal deadlines to ensure long-term, reliable rights protection. In the early stages of an application, incorrect trademark selection, description of goods and services, and Basis selection can result in frequent examination refusals and procedural delays and unnecessary costs. To reduce this risk and increase the likelihood of a stable registration, it is wise to seek the help of an experienced professional. The U.S. trademark application is an organically linked process from filing an application → responding to examination → registration to management. If you’re ready to enter the U.S. market, start with a trademark strategy consultation. 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