What Happens After You File?
Is it necessary to file a trademark?
You don’t have to register your trademark with the USPTO in order to have some trademark protection. Unregistered marks may have “common law” protection in your immediate locality, or you may be able to register with your state for statewide protection.
What is required to file a trademark?
State the entity type (individual or corporation) and your national citizenship. Demonstrate actual use or a real intent to use the trademark in commerce. Give a detailed description of the product being trademarked. Submit a drawing or specimen of the trademark.
Can you claim a trademark without registering?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
Can you apply for trademark by yourself?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Is it hard to file for a trademark?
Your brand is an essential part of your business. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application.
How long does a trademark take to get approved?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
Do you pay taxes on a trademark?
Your Registered Trademark and Its Tax Implications
You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.
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.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What happens if you don’t 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.