Quick Answer: Can You Cancel A Trademark?

Can you challenge a registered trademark?

If you want to oppose the registration of the trade mark without any extension of the time period allowed, then you can file a TM7 ‘Notice of opposition’ with the appropriate fee.

The time during which the TM7 must be filed is 2 months beginning immediately after the date on which the application was published..

How do you maintain a trademark?

To keep your federal trademark registration in place, you must prove that you’re actively using the trademark after you’ve registered it. In fact, the USPTO requires you to regularly file renewals that show that you’re still using your trademark.

Does a trademark expire?

Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. … You might still be able to restore your trade mark by post.

Can you sue without a trademark?

Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … However, the law does not require registration as a requirement to obtain legal rights.

What rights does a trademark give you?

Trademark rights allow you to stop other people from using your trademark to sell goods or services. Those rights also protect consumers because they can know the source of goods or services they’re buying.

How do I cancel a trademark registration?

The first step in canceling a trademark is to file a petition for cancellation. In your petition for cancellation, you will need to show you have standing to cancel the trademark. You will also need to pay the registration fee. It can be done either on paper or electronically.

What happens when a trademark is Cancelled?

A canceled trademark, or dead trademark, is one that has not been used for the past three years or for which the filings were not maintained. Unlike live trademarks, canceled trademarks may be purchased and used by companies other than the original business.

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.

Is a trademark permanent?

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.

How do you invalidate a trademark?

A trademark can be revoked if the trademark owner has not put their mark to genuine use in the past five years in connection with the goods or services it was registered for. This means the trademark will be removed from the Trademark Register.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

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.