Can a common law trademark become incontestable?

Can trademarks be revoked?

Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.

Can common law trademark rights be assigned?

Trademark assignment is the process by which one party transfers its trademark rights to another party. … It may be an assignment of common law trademark rights. There may also be a federal trademark registration involved, as well. You can even assign a trademark application.

What makes a trademark incontestable?

After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.

What happens if you don’t use a trademark?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

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Can you lose a trademark if you don’t use it?

The Loss of Trademark Rights

You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment. … Some trademarks become generic as time passes.

How long does a common law trademark last?

How 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.

How do you protect common law trademarks?

The only way to truly protect your common law trademark is by making it a federal registration. As your business grows, national protection of the goodwill behind your brand and product becomes a top priority, and investing in a federal trademark registration is a wise business decision.

How do you prove common law trademark rights?

A party claiming to have common law trademark rights must establish with competent evidence that its mark has achieved “secondary meaning” in the marketplace by offering among other proof, longevity of use, amount of sales, the nature and extent of advertising, consumer surveys and media recognition.

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

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

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What qualifies as trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

How do I register a common law trademark?

Your common law trademark rights begin when you start using the mark in commerce in a particular geographical area. The first person to do this—as opposed to the first person to register with the United States Patent and Trademark Office (USPTO)—owns the common law rights to the mark in that area.