What happens if you don’t enforce your trademark?
If you don’t enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There’s also a concept in trademark law called abandonment. Generally, if you don’t use your mark for three years or more, it’s considered abandoned.
Do you lose a trademark if you don’t use it?
That means “If you don’t use it, you lose it!” Since trademark ownership is contingent upon active use, owners must submit proof of continued use to the USPTO between years five and six after registering. Non-use of a trademark for three consecutive years is considered abandonment unless proven otherwise.
Do companies have to enforce trademark?
The United States Patent and Trademark Office (USPTO) will not monitor or enforce your trademark. You have to keep an eye out for competitive products or services using your mark or a similar one. This is your responsibility — the law will not police your trademark.
How long does a trademark last if not used?
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.
Can I sue someone for using my 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.
Who can enforce a trademark?
The U.S. Customs and Border Protection (CBP) can help enforce your trademark rights. The CBP recognizes three levels of infringement in its enforcement of trademarks: counterfeit marks; copying or simulating marks; and restricted gray market goods (i.e., parallel imports).
Can you fight a trademark?
How can I challenge a trademark registration or application? … 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).
Can someone take your trademark?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Can you lose a copyright if you don’t protect it?
If You Don’t Protect Your Copyright, You Lose It
Copyright is not like trademark. Copyright has a set period of time for which it is valid and, unless you take some kind of action, you do not give up those rights.
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 you 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.
What can I do if someone is using my business name?
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.