Do trademarks have to be unique?
With so many trademarks already registered, it can be challenging to create a new one that is truly unique, but legally, being unique simply means that your logo, catchphrase, or brand name is different enough from others that consumers can tell the difference.
What makes a trademark invalid?
Generally, there are four reasons invalidation of a registered extension of protection to the United States may occur: (1) cancellation proceedings instituted by a third party before the Trademark Trial and Appeal Board; (2) order of a federal court of the United States; (3) failure to file an acceptable §71 affidavit …
Are trademarks product specific?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.
What are the rules for trademarks?
Simple Trademark Rules and Considerations
- Avoid Commonly Used or Descriptive Terms. …
- Avoid Signs of Trademark Conflicts. …
- You Can File a Trademark Application Before You Use Your Mark in Commerce. …
- Trademark Applications are Not as Simple as They Look. …
- Trademarks Should Be Used as Adjectives and Not Nouns or Verbs.
Do trademarks expire?
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 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.
Is it hard to get trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What happens if you don’t register a 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.
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.
Can I 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.
Should I trademark my product name?
In short, you should always register a trademark for the name of your business. It’s the “face” of your company, the first touchpoint for most customers, and the primary way in which you’ll be identified.
What kinds of trademarks can be registered?
Types of Trademarks that can be registered in India
- Words and service marks.
- Shape marks.
- Logos and symbols.
- Collective marks.
- Series Marks.
- The Certification mark.
What are the three types of trademark?
General Types of Trademarks
- Generic Mark.
- Suggestive Mark.
- Descriptive Mark.
- Arbitrary Mark.
- Fanciful Mark.
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.
How much does it cost to trademark a name and logo?
The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.