What is an invalid trademark?
A trademark shall be declared invalid: If it is devoid of any distinctive character and if it does not conform to the requirements prescribed by the law for its registrability (absolute grounds for refusal, which can be asked by anyone interested in it);
What makes a trademark valid?
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good.
Why would a trademark get 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 Cannot be recognized as a trademark?
A trademark is a sign which distinguishes company’s goods or services. … A shape cannot be a trademark if it (1) results from the nature of the goods themselves, (2) gives a substantial value to the goods, or (3) is necessary to obtain a technical result.
Can you challenge a registered trademark?
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 you invalidate a trademark?
Invalidation may occur when the holder of a registered extension of protection voluntarily surrenders the registration for cancellation under §7(e) of the Trademark Act. 15 U.S.C. §1057(e). If the registered extension of protection is surrendered in its entirety, the registration will be cancelled in due course.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Do I really need to trademark my logo?
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
How long does 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.
What happens if a trademark is refused?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.
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.
How do you overcome trademark rejection?
The USPTO can refuse registration for a number of reasons.
4 Ways To Overcome A Likelihood Of Confusion Refusal
- Argue that the marks or goods are different. …
- Consent Agreements – agree to coexist with a prior registrant/applicant. …
- Argue the prior registration/application is weak. …
- Collateral attack – a last resort.