Quick Answer: What Is The Validity Of A Trademark?

How long does trademark protection last?

ten yearsHow long does trademark protection last.

The term of trademark registration can vary, but is usually ten years.

It can be renewed indefinitely on payment of additional fees..

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.

How can I make sure my business name is not taken?

First check with your county clerk’s office to see whether your desired name is already on the list of fictitious or assumed business names in your county. (In a few states, there is just one statewide fictitious name database — if that’s the case in your state, your county clerk will tell you.)

Is logo a trademark?

To print this article, all you need is to be registered or login on Mondaq.com. Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

How do I name my small business?

10 Tips for Naming Your Startup or Small BusinessThink about what you want your business name to convey. … Brainstorm to identify name possibilities. … Keep the name short, simple, and easy to write and remember. … Avoid names that are too narrow or too literal. … Avoid decisions by a committee but do “test” your company name with others. … Avoid plain words.More items…

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

What is the validity for the trademark in India?

10 yearsOnce the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

Can two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

How do I check if a brand name is taken?

KnowEm Trademark Search – Check your Brand or Trademark Availability in the USPTO Database. Find out if your username, brand, product or trademark is still available in the USPTO database.

Can you use a company name that is already taken?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion.

Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it’s $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

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.

What is the difference between trading name and business name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

How much does trademark renewal cost?

The fee for filing a combined section 8 declaration and Section 9 application for renewal is $425 per class of goods or services in the registration. A combined filing filed during the grace period must include an additional $200 fee per class of goods or services.

How can I register a trademark in India?

Guide: How to Register Trademark For Your Brand in IndiaStep 1: Search for a “crazy-enough” brand name. … Step 2: Making the trademark application. … Step 3: Filling the brand name registration application. … Step 4: Examining the brand name registration application. … Step 5: Publication in the Indian Trade Mark Journals. … Step 6: Issuance of the trademark registration certificate.

How do you check if a trademark is valid?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

How do I know if a business name is good?

Here are seven things I consider when determining a business-related name:The name needs to sound good when it’s said aloud. … Use a name that has meaning to it and conveys a benefit. … Avoid Web 2.0-ish syndrome. … Beware initials. … Use specifics. … Make sure you can trademark the name. … Test it out on Google AdWords.

What is patent validity?

A United States patent is presumed to be valid. … The effective prior-art date of a U.S. patent (issued more than a year before the filing date of the patent being evaluated) is the date the prior-art patent was issued.