What happens if you let a trademark expire?
If you let your trademark expire, you leave it open for another company or user to register and use it. If the products or services are different than yours, the other company may have an easier time acquiring your trademark.
Do trademarks have to be renewed?
Trademarks are generally valid for 10 years with a possibility to renew every 10 years. Once a trademark is renewed, a certificate of renewal is issued to the trademark owner.
Do trademarks expire if not used?
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. … That proof takes the form of a sworn statement from the owner that the mark is still in use.
Is a trademark for life?
Once registered, a trademark is not indefinite. … Once 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.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Do I need a lawyer to renew my trademark?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
Can you renew an expired trademark?
There is no procedure to revive or reinstate a lapsed or canceled registration, except in the unlikely event you filed the required forms and paid the mandatory fees, but the USPTO mistakenly did not process them in time.
How much does it cost to register a trademark?
FINAL COST TO OBTAIN A TRADEMARK REGISTRATION
Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.
What happens if I don’t renew my trademark?
In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.
Can you claim a dead trademark?
To claim a dead trademark, you need to file an application with the USPTO the same way you would do with a mark that’s never been registered before. The USPTO will check the application and approve it or deny it.
How do I protect my trademark?
Protecting Your Trademarks
- Set the Stage. A good defensive game plan starts with the offense. …
- Register Everything Associated with Your Mark. …
- Register All of Your Social Handles. …
- Maintain Your Registration. …
- Monitor Your Marks. …
- Your Trademark Defense.