Do Trademarks Ever Expire?

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..

Do trademarks last forever?

Trademark Renewal: How to Keep Your Trademark Registered Forever. Trademarks can last forever. Unlike patents and copyrights, trademarks are not limited to a set term of years. That being said, a common misconception concerning trademarks is that once registered they last forever and do not need to be renewed.

Why do 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.

Can I register an expired trademark?

If the trademark has expired you have 6 months within which you may restore it and retain your rights over it. If it’s been fully removed because that six months has lapsed then you will need to apply for it again through a new application. … Once a person has registered a trademark they’re granted the right to use it.

Is a logo a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How long are trademarks valid for?

ten yearsHow long does a trademark last in the US? In 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.

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.

What happens if a trademark is not renewed?

What Happens If I Fail to Renew my Registration? If the trademark owner fails to timely file a Section 8 affidavit before the end of the sixth year following registration, the registration will be cancelled. … The Patent and Trademark Office will not accept a substitute Section 8 affidavit after the deadline.

How much do Trademarks cost?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

Can I use an abandoned patent?

The owner of an abandoned patent application in the US can petition to have it revived on the basis that the non-response causing the abandonment was unintential. If it is not revived then you or anyone else could make, sell, and import the invention. You can’t file a patent that you think are abandoned or expired.

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.

What are the three types of trademarks?

What are Types of Trademarks? A trademark offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services. Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark.

How much does it cost to trademark a name and logo?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

How do I claim an abandoned trademark?

If you want rights to an abandoned trademark, the best action is to obtain a federal registration with the USPTO. You can do this by filing an online application on the USPTO’s website, which includes your contact information, a drawing of your mark, a description of the associated goods or services and a filing fee.

Can you take an abandoned trademark?

Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.