What Is The Expiration Period Of Trademark?

How do I renew an expired trademark?

You must file the combined Declaration of Use and Application for Renewal required under Sections 8 and 9 of the Lanham Act between the ninth and tenth anniversaries of the trademark’s registration date and then by every tenth anniversary thereafter..

How much does a 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 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.

How do you know if a business is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

Do trademarks ever expire?

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

What is the best trademark company?

TrademarksLegalZoom Legal Plans.MyUSACorporation.RocketLawyer.SwyftFilings.Trademark Engine.Trust and Will.TTC Business Solutions.Willing. WillMaker.More items…

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 I apply for a dead trademark?

“a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.

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 long is the publication period for a trademark?

for 30 daysThe mark is published in a book of all published trademarks before the U.S. Patent and Trademark Office known as the Official Gazette. Trademarks are published for opposition for 30 days. During this period any party wishing to object to the registration of the trademark may do so by filing a Notice of Opposition.

How do I get an expired trademark?

Registration. To claim the dead trademark you will need to complete an application with the USPTO. Provide your name and address, the name of the dead mark, a statement as to the goods and services that you wish to sell under the mark and a statement as to whether you have attempted to register the mark previously.

How much does it cost to maintain a trademark?

Continuing Cost of Maintaining a Trademark This document is your sworn statement that you are using the trademark, with an example of how it’s being used. The filing fee is $125 for filing electronically using the TEAS system, or $225 if filed on paper.

Can I trademark my own name?

Want to trademark your name? It can be done, but first, ask yourself why you want to spend the money – and time – to trademark your name. You must also meet specific requirements to trademark your name with the U.S. Patent and Trademark Office (USPTO).

What happens if trademark is not renewed?

Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. For example, a registered trademark has the benefit of the legal presumption of ownership.

How often do trademarks have to be renewed?

every ten yearsA trade mark registration may be renewed every ten years. Fees are applicable (see below). There is no limit to the number of times a trade mark registration may be renewed. Any person may pay for the renewal.

What are the 3 types of trademarks?

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

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.