Can a trademark be renewed indefinitely [Real Research]

Last updated : Sept 14, 2022
Written by : Giovanna Eisenbrandt
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Can a trademark be renewed indefinitely

How many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

How long is a trademark renewal good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What happens when you let your trademark expire?

If you let your trademark expire, you leave it open for another company or user to register and use it. If the products or services are different than yours, the other company may have an easier time acquiring your trademark.

How much does it cost to renew trademarks?

Renewal of Federal Trademark – Combined Section 8 / Section 9. Owners of a registered trademark are required to renew their registrations every 10 years. This must be filed between the ninth and tenth year after registration. To do so, you must file the Section 9 Renewal form and pay the $400 filing fee.

Can you buy an expired trademark?

If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs. The risk comes from the Lanham Act.

How long before a trademark is abandoned?

A trademark is abandoned when the owner stops using it for three years in a row without intending to use it again, according to 15 USC 1127. After three years of non-use, the owner must show tangible, solid evidence to counter a registration attempt by someone else.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How long can you have a trademark?

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.

How do you get a dead trademark back?

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.

How do you buy a dead trademark?

To claim the dead trademark you will need to complete an application with the USPTO. Provide your name and address, the name of the dead mark, a statement as to the goods and services that you wish to sell under the mark and a statement as to whether you have attempted to register the mark previously.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How much is it to trademark a name and logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

What is a dead trademark?

Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive. A dead trademark registration is one whose registration was abandoned before it was issued, or for which no declaration of continued use was filed.

Can a dead trademark be revived?

If a trademark applicant unintentionally fails to respond to an Office Action or to a Notice of Allowance, there is a mechanism in place for that applicant to revive the trademark application. If this occurs a petition to revive the application must be filed with the United States Patent & Trademark Office ("USPTO").

Why would a trademark be dead?

A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.

Can you trademark just a name?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

Which category of trademark is the strongest?

The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.

Which types of trademarks Cannot be used?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

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Can a trademark be renewed indefinitely

Comment by Wm Olmscheid

hey what's up everybody this is attorney dan today i want to talk about uh renewing your trademarks and so how do you renew your trademarks or or keeping your registration alive so once you've actually received your application it's called a live trademark okay so um let's talk about time periods right you um generally you you renew between the 9th and 10th anniversary of your registration so there's a window of one year to to renew now between the fifth and sixth year though you do have to file for one if you renew so it's the same process fifth and sixth year renewal section um uh section eight um uh renewal and um it's very uh um you still gotta prove that you're using the mark in commerce so the uh the requirements very similar to the initial application we gotta show proof that we're using it if you're in products you know maybe your packaging if you do the services maybe your website or your brochure so we still gotta prove that you're still in business using that name you do have to pay for the renewal fee um so uh that's part of the process uh one of the cool things during um uh during the uh between the fifth and sixth year is that you can file section 15 um statement contestability and so what that really means is like hey if you like no one disputed your trademarks there's no dispute right you declare like hey i've been using this exclusively for the last five years and um you know uh um i'm no one says disputed me on on this on this mark and so um the statement of disability makes it really really difficult for someone to come in after and say hey no i have this trademark there's a conflict right and so um i always recommend there's really no reason why you shouldn't file this unless you do not plan on keeping this trademark um and and and not even found the renewal okay so that's really the only reason okay and um you know this is a public information so uh i i've had conversations where like hey we need to file this before we go you know decide to go into litigation and force your rights okay because it's really important okay so that's between the fifth and sixth year okay and you know make sure you make sure you calendar these dates as a window of opportunity so like you you know for for our clients we want to file like on the first day it's available first day the windows open so mark it on your calendars to remember that you to file file your renewal and again between the fifth and sixth year and then between the ninth and tenth year is when um when you do it so here right here just required files between the fifth and sixth here declaration of use was is a section eight between the ninth year um is uh section um um after the registration date and then you know basically every ten years on the registration date okay so there's a six month grace period but you know don't rely on that mark it on your calendar do do a um do a uh um do a google reminder where a calendar system use right um and make sure you encounter it follow your statement and contestability okay and make sure you don't lose these deadlines because you will lose your trademark if you forget to renew okay so this is dan if you need help renewing your trademark feel free to reach out to us and we have to talk to you about how we can help okay this is dan thank you soon bye

Thanks for your comment Wm Olmscheid, have a nice day.
- Giovanna Eisenbrandt, Staff Member

Comment by Eleonore

hi I'm Andre mink of the father of trademark factory the only firm in the world that offers trade marking services with a predictable result for predictable budgets because our trademark agents and trademark attorneys will help you trademark your brand with a free comprehensive trademark search for a single all-inclusive flat fee with a hundred-percent money-back guarantee I am famous for explaining intellectual property so that a nine year old would understand and today's question gonna answer is what happens if you don't renew your trademark registration on time so after your trademark registers in most countries you get that registration for ten years that you can renew for another 10 and then another 10 and another 10 in Canada that period is 15 years probably gonna be 10 years soon but for now it's 15 and another 15 and another 15 if you need to renew so the question is what happens if you don't renew your trademark registration after that 10 or 15 years and what happens is that your trademark will be considered abandoned so the trademarks office will not send you any reminders what they're gonna do is they're gonna sit and wait and see if you yourself remember or your lawyers or your trademark agents our trademark attorneys are gonna remind you to renew your trademark in time because if you don't the assumption is you're not really interested in protecting the brand and one of the functions of a trademark office is to clear out what they call the deadwood so if the trademark owner is not taking the steps to maintain registration they assume that the trademark owner is not interested and by doing that they clear out the way for new people for new companies to claim that same brand and you cannot usually revive your trademark registration once it's abandoned it's abandoned if you're still interested in having that brand if you're lucky enough that nobody else jumps ahead of you yes you can file a new trademark application for the same trademark and hopefully you're going to be able to get that and interestingly sometimes what happens is because the requirements and just local regulations with the trademarks office sometimes change what was trademark Apple 10 or 20 or 30 years ago may not necessarily be registrable now so it's not an issue with renewals so there is no new examination of your trademark application so if your trademark registered 50 years ago and the rules changed but your trademark is registered it's easy for you to renew it they're no they're not gonna say well you know what the rules change that you can't renew it anymore but if you let it lapse and it gets abandoned then you have to file a new one so the new trademark application will be examined based on new rules and that doesn't guarantee you that the new one will also be registered so it's very it's extremely important not to miss those deadlines and if you file your trademark yourself make sure that you triple check to put it in your calendar 10 years or 15 years down the road to renew your trademark and if you have somebody else to do this for you then make sure that they're still around that they are not going to forget and that they're still taking care of this and again with trademark facture obviously that's one of the things we do for our clients whenever we register your trademark we'll put it everything in in in our docketing system to make sure that whenever your renewal time comes we'll will not forget about this and well notify you can say well are you interested in renewing that brand and just to give you an idea of renewal costs I'm a nominal so the government feel be a few hundred dollars our fee will be your honor dollars depending on the package that you chose so if you've been in business with that brand for 10 or 15 years renewal costs are going to be the least of your concerns this is just one of many short videos where I'm providing specific no BS answers to your questions about trademarks so subscribe now and get notified whenever the next video goes live seriously subscribe because there's a lot of information that I'm sharing and if you got some value out of this today I can guarantee you there's gonna be a lot of other videos that will help you protect your brand and speaking of protecting your brand if you have a brand that you want to protect order your free comprehensive trademark search with register ability opinion from trademark factory by filling out the form at free TM Sarge com3 TM Sarge calm and we'll we'll be happy to take it from there I'll see you in the next video you

Thanks Eleonore your participation is very much appreciated
- Giovanna Eisenbrandt

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