How do I stop someone from using my trademark?
The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.
Can a registered trademark be removed?
Once a trademark is registered it secures protection for 10 years from the day it has been granted. … It is to note that any aggrieved person can file an application for a removal/cancellation of a mark by the Trademark Registry by writing to the Registry with his concerns.
Can I change the owner of a trademark?
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”).
How do you take over a 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 sue someone for using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
What happens if someone copies a trademark?
Overview. You can usually get permission to use someone else’s intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someone’s trade mark, patent, copyright or design without their permission is known as ‘ IP infringement‘ and could lead to a fine, prison or both.
Can you challenge a trademark?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
Why would a trademark be Cancelled?
Cancellation after Five Years
It defines a functional use. The mark has been legally abandoned by its owner. It was registered in a fraudulent manner. The trademark is immoral, deceptive or scandalous in some way.
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.
How long does a 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 long does it take to transfer ownership of trademark?
The Process of Trademark Transfer
Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day.