What are the common problems regarding on trademarks?
Common Trademark Problems
| Earlier Mark | Goods/Services | Test |
|---|---|---|
| Identical | Not Similar | if it takes unfair advantage of earlier trademark’s reputation |
| Similar | Not Similar | if it takes unfair advantage of earlier trademark’s reputation |
| Unregistered | if it breaches the law of passing off |
What kinds of marks should you avoid when choosing your trademark?
Trademarks that cannot be registered include the following:
- Clearly descriptive marks.
- Words that are the name of the goods or services in other languages.
- Trademarks based on a place of origin.
- Names and surnames.
- Deceptively misdescriptive trademarks.
What are the three requirements for trademarks?
What Are Trademark Requirements?
- Provide your name and address as owner of the trademark.
- State the entity type (individual or corporation) and your national citizenship.
- Demonstrate actual use or a real intent to use the trademark in commerce.
- Give a detailed description of the product being trademarked.
What is the most common reason that a trademark might be rejected?
Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Can someone trademark my domain name?
You can attempt to trademark your domain name or blog. It does have to meet several standards in order to qualify for trademark protection. Sometimes it may be more necessary than others. … Someone could possibly use a very similar domain name selling the same products and piggyback off your marketing efforts.
How long does a trademark last?
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 a trademark be taken away?
The Loss of Trademark Rights
You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
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.
Do you pay taxes on a trademark?
Your Registered Trademark and Its Tax Implications
You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the “income tax basis”, which is the reference point for determining tax liability upon sale and depreciation deductions.
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 if a trademark isn’t being used?
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.
Is Xerox a strong mark?
Fanciful marks are invented words with no dictionary or other known meaning. Meanwhile, arbitrary marks are actual words with a known meaning that have no association/relationship with the goods protected. Examples of fanciful marks are Exxon, Kodak, and Xerox. Suggestive marks are also considered strong.