How Do I Appeal A Trademark?

Can you cancel a trademark?

A petition for cancellation of a trademark registration may be filed at any time.

However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14..

What are the 3 types of trademarks?

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

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Why do Trademarks get denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.

How do you protect a trademark?

The 5 Things You Must Do to Protect Your TrademarkDo Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark. … Prepare and File a Trademark Application. … Respond Promptly to Office Actions or Oppositions. … Monitor Your Trademark. … Maintain Your Trademark.

How long does a trademark last for?

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.

Can a Cancelled trademark be revived?

A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R §2.64(b). There is no fee for a request for reinstatement.

How do you cancel a patent?

A petition for patent cancellation may be submitted from the date of registration of a patent until six months from the publication of the patent. In contrast, an invalidation action may be initiated at any time after a patent is registered, even after the patent has expired.

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.

What if my trademark is rejected?

If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit. … Then the Court will decide whether to approve or deny the applicant’s appeal.

What rights does a trademark give you?

Trademark rights allow you to stop other people from using your trademark to sell goods or services. Those rights also protect consumers because they can know the source of goods or services they’re buying.

Who can oppose a trademark?

Anybody can file an opposition based on absolute grounds. Before the UK IPO, parties can agree to enter into a ‘cooling-off period’ to negotiate a resolution to the dispute. The mutually agreed request must be filed within the two months allowed for an applicant to file a defence.

How do you overcome descriptive rejection?

Top 4 Ways to Overcome a Descriptiveness RefusalArgue the mark is suggestive. It can be effective to argue that the mark does not directly describe the goods, but consumers would instead have to guess or infer the intended connected meaning. … Argue the term has other more relevant meanings. … Expert Affidavit. … Disclaimer.

Can you sue someone for using your 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.

How much is a trademark fee?

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.

How do you challenge 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).

How similar can a trademark be?

Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be confused for the existing trademark.