How do I make sure something isn’t trademarked?
Use the USPTO’s free trademark database.
To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.
How do you check if something is trademarked or not?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
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 …
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.
Can two businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
How do I know if a logo exists?
The Four Steps To Peace: Finding Out If My Logo Is Already Taken
- Step #1: Search Your Industry For Similar Logos. …
- Step #2: Do a Reverse Image Search of Your New Logo on Google. …
- Step #3: Search The US Patent Office For Similar Logos. …
- Step #4: Consult an Attorney To See If Your Logo Is Already Taken.
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.
How much does it cost to get something trademarked?
A trademark application via post will involve a fee of $350 per class. A series trademark application will incur a higher fee of $500 per class.
What happens if your trademark is rejected?
If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit. … In the process, the Court may elect to remand the matter for further proceedings.
Do trademark applications get rejected?
Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS Plus applications and 16.3% of TEAS RF applications receive a “first action approval” (as of the date of this post).
What do I do if someone is 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.