How do I change an existing trademark?
How to Update a Trademark
- Decide what changes to make. Consider what changes you plan to make to your trademark. …
- Sketch your amended trademark. Prepare a drawing of your trademark as amended. …
- Prepare a sample of your new trademark. …
- Prepare a written request to amend. …
- Wait for a response.
Can I modify my trademark application?
An application for a trademark or patent can be rather long and complicated. If you have submitted an application to the USPTO and later realized there was an error on the application, you may amend the application. You may request an addition, deletion or substitution to something found on the original application.
Can you trademark an existing trademark?
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.
How much does it cost to transfer a trademark?
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. The filing fee for this service is $40.
How much does it cost to update a trademark?
3. Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period). 4. Filing Declaration of Incontestability (§15 declaration): $200 per class.
What happens after you file for a trademark?
If you application is sufficient, it will be published in the USPTO’s Official Gazette. The USPTO will wait to see whether anybody objects to your application. If nobody objects within the allowed time and if you are already using the mark, the USPTO will register the mark.
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 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.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.