How Long Do Trademarks Last In The US?

Can I challenge a trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB)..

How do I trademark in USA?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

Can two companies have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

Can you revive a dead trademark?

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.

Should I trademark a phrase?

When Can You Trademark a Phrase? Phrases are subject to certain trademark rules. First, you must use the phrase in commerce, or intend to use it in commerce. That means that you must use it to sell some sort of goods or services.

How long will a trademark last?

10 yearsA registered trademark is valid for 10 years from the date of registration, and can be renewed every 10 years. To renew a trademark the owner must pay a government renewal fee.

How do I check a trademark availability in USA?

You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.

What are the three 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 it cost to maintain a trademark?

Filing directly with the USPTO If you were to electronically file your application directly to the USPTO, the most popular filing basis (TEAS RF) costs $275 US dollars (USD) or $371 Australian dollars (AUD) per class of goods/services. When filing directly with the USPTO fees are payable in USD.

How do you keep a trademark alive?

Trademark Help – Maintaining a Trademark – Basics After a registration issues, to keep the registration “alive” or valid, the registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your registration.

Do Us trademarks expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.