What happens if your trademark expires?
If your trademark is canceled or it expires, it can be still under common law protection, provided that you have continued and continue using it for the same purposes of its original intent.
Do I need to renew trademark?
You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you’ve exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.
Can a trademark be renewed once it expires?
There is generally a six-month grace period following the expiry of a trademark. During this time, the trademark can still be renewed.
Do you have to renew trademark every year?
A trade mark registration may be renewed every ten years. There is no limit to the number of times a trade mark registration may be renewed. … Any person may pay for the renewal.
What happens if I don’t renew my trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
Why do trademarks last forever?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
How much does a trademark renewal cost?
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).
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Can you claim a dead trademark?
To claim a dead trademark, you need to file an application with the USPTO the same way you would do with a mark that’s never been registered before. The USPTO will check the application and approve it or deny it.
How do you know when a trademark expires?
If you’re not sure what something means regarding the status of your application, contact TAC at TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199. You can check the current processing wait times to find out how long your trademark filing could take.