Quick Answer: How Long Does Trademark Protection Last?

How often do you have to renew your trademark?

every 10 yearsTrademarks are generally valid for 10 years with a possibility to renew every 10 years.

Once a trademark is renewed, a certificate of renewal is issued to the trademark owner.

Renewal periods can differ depending on the country or territories in which the trademark is held..

What rights does a trademark give you?

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

What’s the difference between trademark and copyright?

Copyrights and trademarks protect distinct creations. Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. … Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Taglines such as “Think Green” or “Proudly Made in the USA” have been denied protection by the USPTO for being merely informational. … Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

Can I trademark a saying?

The answer is yes. Simply put, a trademark is a sign used to distinguish goods or services and a ‘sign’ can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.

How much do Trademarks cost?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

How much does it cost to trademark a saying?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

How do you keep a trademark alive?

To keep a registration alive, the registration owner must file required maintenance documents at regular intervals. Failure to file the required maintenance documents during the specified time periods will result in the cancellation of the U.S. trademark registration or invalidation of the U.S. extension of protection.

How do you fight a trademark?

The first step to oppose an accepted trade mark is filing your notice of intention to oppose and paying the relevant fee. The second step is that you must file a statement of grounds and particulars within one month of filing the notice of intention to oppose.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Do trademarks last forever?

Trademark Renewal: How to Keep Your Trademark Registered Forever. Trademarks can last forever. Unlike patents and copyrights, trademarks are not limited to a set term of years. That being said, a common misconception concerning trademarks is that once registered they last forever and do not need to be renewed.

What happens if my trademark expire?

Once the expiry date has passed, your trade mark will no longer have the benefit of any rights arising from registration. At the end of the six-month grace period, if your renewal fee has not been paid, your trade mark will be removed from the register and can’t be restored.

What does a trademark protect for how long?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Can a Cancelled trademark be revived?

A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R §2.64(b). There is no fee for a request for reinstatement.

Can an abandoned trademark be revived?

If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. … For those looking to revive someone else’s dead trademark, you may be able to do so if the original owner is no longer using the mark in commerce.

Should I trademark my stage name?

Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.