What Happens If Trademark Is Not Renewed?

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..

How do I renew an expired trademark?

You must file the combined Declaration of Use and Application for Renewal required under Sections 8 and 9 of the Lanham Act between the ninth and tenth anniversaries of the trademark’s registration date and then by every tenth anniversary thereafter.

Can I trademark my stage name?

Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.

Can I sell a trademark?

The owner of a registered trademark has the exclusive right to use that trademark in relation to the specific categories to which it is registered, under the Trade Marks Act 1995. … You have the right to assign or sell a trademark to a third party, under a legal agreement such as a licence.

When can I start using my trademark?

Once the USPTO approves your intent-to-use application, you must start using the name in commerce within six months. Keep in mind it should take at least several months for the USPTO to process and approve your application. If you are still not ready six months after approval, you can file for an extension.

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. Not to mention there are many costs associated with re-registering.

How long do you have to renew a trademark?

ten yearsA trade mark registration may be renewed every ten years. Fees are applicable (see below).

How much does it cost to renew trademark?

The fee for filing a combined section 8 declaration and Section 9 application for renewal is $425 per class of goods or services in the registration. A combined filing filed during the grace period must include an additional $200 fee per class of goods or services.

How do I claim 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.

How do I renew my trademark online?

The Declaration of Use and the renewal are normally done through the USPTO website using their electronic filing system called TEAS. You can enter the required data in a form, upload images and credit card information, and receive confirmation via email. The dates for renewal are critical.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

What happens when trademark expires?

If the trademark has expired you have 6 months within which you may restore it and retain your rights over it. … Once a person has registered a trademark they’re granted the right to use it. So even if you succeed in re-registering your trademark, you can’t say another registered owner is infringing your rights.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

How much are trademark filing fees?

Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee….Initial application fee for electronic filing.Option 1: TEAS PlusOption 2: TEAS Standard$225 per class of goods/services$275 per class of goods/servicesDec 17, 2018