What Happens If My Trademark Expire?

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..

Can Trademark be renewed by paying renewal fee?

But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration.

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.

How many times can a trademark be renewed?

A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months prior to its expiry. When you are going to renew a trademark you have two options: Renew the trademark as it is.

How much are trademark renewal fees?

Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period). 4. Filing Declaration of Incontestability (§15 declaration): $200 per class.

How much does it cost to trademark?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

Can you revive an abandoned trademark?

File petition to revive Applicants may electronically file through the Trademark Electronic Application System (TEAS) a petition to revive the abandoned application (return the application to active status) if the delay in responding the office action letter was unintentional.

How long can a trademark last?

10 yearsA registered trademark is valid for 10 years from the date of registration, and can be renewed every 10 years. To renew a trademark the owner must pay a government renewal fee. In general, renewal requests will only be accepted six months before or after a renewal deadline.

How often is the renewal of trademark registration necessary?

every 10 yearsIn other words, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years.

What happens when trademark owner dies?

What happens if the trademark owner dies without him assigning the trademark to another entity? Of course, the trademark dies with him. On the other hand, if there exists a will in which he left his assets, including the trademark to a particular individual, then the trademark is transferred to the individual.

How do you pay a trademark fee?

Pay online (preferred method) We accept credit and debit card, deposit account, or EFT when paying online. Guest users can only pay with a credit or debit card, but signed in USPTO.gov account users can pay with any payment method stored in Financial Manager.

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 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.

Can I take a dead trademark?

Technically speaking, a dead trademark is available for use and registration by somebody else. However, just because a trademark is dead does not mean you are automatically guaranteed success if you try to register it. Rather, a dead trademark can provide valuable insight into the fate of your trademark.

How do you claim a trademark?

How to Register a Trademark for a Company NameTo register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.