Question: Do Us Trademarks Expire?

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..

How do I renew my US trademark?

The Declaration of Use and the renewal are normally done through the USPTO website using their electronic filing system called TEAS. You can enter the required data in a form, upload images and credit card information, and receive confirmation via email. The dates for renewal are critical.

10 yearsA trademark has a lifespan of 10 years from the date of registration. You must renew a trademark every 10 years in order to keep the registration active. Failure to file renewal within the stipulated deadline cancels the trademark and diminishes its value.

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.

Can I use an abandoned patent?

If the patent is listed active, then it is not available for free public use. If it is listed as abandoned, then it is free to use without violating any patent rights but you should always check with an attorney as it could be tied to another patent that precludes its use.

How do I apply for a US trademark?

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.

Why are trademarks abandoned?

Trademark registration applications can be abandoned for failing to respond to a USPTO Office Action, for an incomplete response, or for failure to file a statement of use. Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive.

Can I use TM symbol 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.

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 long is a US trademark good for?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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.