Question: What Can I Do With A Trademark?

What are the 3 types of trademarks?

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

Does a trademark protect a domain name?

When trademark law protects a domain name, the owner has the right to prohibit the use of similar names or misspelled names by others. How do I check the availability of a domain name? Because a domain name must be unique, it is only available to one user.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

How does a trademark become dead?

How Does a Trademark Become Dead? Abandonment: Abandonment occurs when a trademark holder stops using a trademark with no intention of using it again in the future. If the owner does not use the trademark for three consecutive years, the trademark is dead.

Can a dead Trademark be revived?

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.

What happens when trademark owner dies?

In the event of an individual’s death, trademark ownership passes to the individual’s estate. If the company goes bankrupt the individual maintains the trademark rights, but if the individual goes bankrupt the trademark could be sold off in accordance with the proceedings.

Can I trademark a name already in use?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

Can a dead trademark be used?

A dead trademark will not be used in evaluating pending trademarks. A DEAD trademark means that the trademark has been abandoned or canceled for one reason or another. Technically speaking, a dead trademark is available for use and registration by somebody else.

How long do Trademarks last in the US?

ten yearsIn 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 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 are the benefits of having a trademark?

Exclusive Rights to The Mark The main benefit of trademarks is registering your brand is exclusivity. That means you will be the ONLY ONE IN THE WHOLE COUNTRY able to sell products and/or services with that name (or even a similar name or mark).

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

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.