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 long is a trademark good for?
Five years
How Long Does Federal Trademark Registration Last? Five years, or 10 years with the filing of a Declaration of Continued Use. Although, registrations can be renewed as many times as the owner wants. All they need to do is file renewal applications, or Section 9 Affidavits, with the USPTO.
What happens when I trademark my name?
A trademark is a piece of intellectual property that allows you to “brand” something so that no one else can copy or use it. It distinguishes your company and its products from everyone else. Trademarking your name gives you an additional brand and keeps others from using your name.
Can a first name be copyrighted?
Titles and Names Copyright protection does not extend to titles, names, slogans or short phrases, the Copyright Office has made that much very clear. You can not copyright your name, the title of your post or any short phrase that you use to identify a work.
Do trademarks ever expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can I sue someone for 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.
Can you copyright your legal name?
Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. In addition, you can’t trademark your name if it is likely to be confused with other registered trademarks.
Do logos expire?
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.
Can you fight a 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).
Is it better to trademark a logo or a name?
For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. If someone directly counterfeits your goods or services using both a similar name and logo, you want to have the advantage of the protection under both a word mark and a design mark.
