Question: How Long Is A US Trademark Good For?

How long does a state trademark last?

As part of the trademark renewal process, every 10 years thereafter, the owner will need to similarly provide proof of usage and a declaration—unless the trademark is to go abandoned..

How long does it take to get a trademark registered in US?

about 8 to 12 monthsIn general, this process can take about 8 to 12 months after you submit your application.

Can an abandoned trademark be revived?

Applicants may electronically file through TEAS a petition to revive the abandoned application (return the application to active status) if the delay in responding to the NOA was unintentional. The form provides step-by-step instructions for filing the petition.

What happens if my trademark expire?

Fortunately, the USPTO offers a six-month grace period, before the mark is considered abandoned. They wait an additional two months after that before they officially post notice of its abandonment. If you let your trademark expire, you leave it open for another company or user to register and use it.

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Can I use an abandoned patent?

The owner of an abandoned patent application in the US can petition to have it revived on the basis that the non-response causing the abandonment was unintential. If it is not revived then you or anyone else could make, sell, and import the invention. You can’t file a patent that you think are abandoned or expired.

How long before a trademark is abandoned?

three yearsA trademark is abandoned when the owner stops using it for three years in a row without intending to use it again, according to 15 USC 1127. After three years of non-use, the owner must show tangible, solid evidence to counter a registration attempt by someone else.

How does a trademark die?

A trademark filing dies when it becomes abandoned, expired or canceled. Dead trademarks cannot be used to block pending applications. If an application never matured into a registration, then you will only see an application number. Trademark applications may die as a result of not meeting deadline.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

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.

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.

How do I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Why does trademark take so long?

The two most common reasons that trademark registrations are delayed are: Trademark Office Actions. About three months after your trademark filing, an examining attorney at the U.S. Patent and Trademark Office (USPTO) will review it.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.