Quick Answer: How Long Does A US Trademark Last?

Do trademarks have a useful life?

A useful life can be definite, lasting only a certain period of time, or indefinite.

Most trademarks have indefinite useful lives because protection can last as long as the business protects its mark..

Can I trademark a name already in use but not trademarked?

If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.

What is the life of a trademark?

10 yearsOnce you have received a certificate of registration from the USPTO, that trademark will be valid for 10 years. However, you must file a statement within the first six years of your initial registration to prevent the trademark from lapsing before the 10-year mark hits.

How do you keep a trademark alive?

To keep a registration alive, the registration owner must file required maintenance documents at regular intervals. Failure to file the required maintenance documents during the specified time periods will result in the cancellation of the U.S. trademark registration or invalidation of the U.S. extension of protection.

How do I get 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.

Do patents expire?

Eventually, patents do expire. While a patent will remain in force for a period of time, eventually it is considered to be no longer in effect. The patented invention then becomes freely usable by others. Patent terms, if maintained correctly, vary but generally go for up to 20 years.

Can I sell on Amazon without a trademark?

Yes, you can list products under your own brand without having the Brand Registry, however you won’t be able to protect your listings.

Copyright secures Creative or intellectual creations. Trademarks secure the branding under which products and services are sold. Patent secures inventions that are useful for the world and has some use.

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.

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.

What are the 3 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 long does it take to get a US trademark?

The current USPTO records show that it takes an average of 2.7 months between the time of filing and the time of first action on the application. The USPTO targets between 2.5 and 3.5 months for a first action. In other words, it will take about 2 or 3 months for the office to substantively consider your application.

Is it possible to trademark a name?

Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.

How do I revive an abandoned trademark?

If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.

Filing a California trademark costs $70, and a national registration costs about $300. A California trademark protects your brand in California. However, it doesn’t give you the national protection. A California trademark uses the same categories as federal marks.