Why Do Trademarks Not Expire?

What is the expiration period of trademark?

10 yearsA registered trademark is valid for a period of 10 years which can be renewed for another 10 years at a time.

There may be cases where a trademark holder fails to renew its trademark on time.

Renewal of an expired trademark is only option left in such cases..

How do you keep a trademark alive?

To keep a registration alive, the registration owner must file required maintenance documents at regular intervals. Failure to file the required maintenance documents during the specified time periods will result in the cancellation of the U.S. trademark registration or invalidation of the U.S. extension of protection.

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

What happens if my trademark expire?

Fortunately, the USPTO offers a six-month grace period, before the mark is considered abandoned. They wait an additional two months after that before they officially post notice of its abandonment. If you let your trademark expire, you leave it open for another company or user to register and use it.

Can you take an abandoned trademark?

Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.

Can a trademark be renewed indefinitely?

There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. … If the trademark is not being used for a period of five years then it may be cancelled at the request of another party. The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years.

Is a logo a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How does a trademark die?

A trademark filing dies when it becomes abandoned, expired or canceled. Dead trademarks cannot be used to block pending applications. If an application never matured into a registration, then you will only see an application number. Trademark applications may die as a result of not meeting deadline.

How much does it cost to maintain a trademark?

Continuing Cost of Maintaining a Trademark This document is your sworn statement that you are using the trademark, with an example of how it’s being used. The filing fee is $125 for filing electronically using the TEAS system, or $225 if filed on paper.

How do I revive a dead trademark?

If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.

What happens if trademark is not renewed?

Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. For example, a registered trademark has the benefit of the legal presumption of ownership.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

What makes a trademark dead?

A dead trademark is a mark that is no longer active on the USPTO register. This can happen because the owner did not respond to a trademark office action, did not renew their mark and pay USPTO maintenance fees or maybe filed a trademark intending on using the mark but never actually used the mark in commerce.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;