How long does a trademark registration last?
For a trademark registration to remain valid, an Affidavit of Use (“Section 8 Affidavit”) must be filed between the fifth and sixth year following registration. Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term. This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.
What is the fee for filing a trademark application?
Effective January 31, 2005, trademark fees are as follows:
Initial Application
$325 per international class if using the Trademark Electronic Application System (TEAS)
Is there a lower filing fee for small businesses?
No.
The filing fee is $325 per class.
What is the Trademark Electronic Application System (TEAS)?
The Trademark Electronic Application System (TEAS) is the name given to a project of the Patent and Trademark Office (PTO) Trademark Operation, whereby the PTO will be accepting applications for U.S. trademark registrations online in the future. To view a preliminary version of TEAS, click on http://www.uspto.gov/main/trademarks.htm — PrinTEAS. This site was established to explore the potential of accepting customers’ documents electronically. The Office is presently studying the various possibilities for handling signatures, encryption, and other security concerns, payment options, and other related issues in order to produce the most stable, secure, and user-friendly system possible.
How do I contest someone else using a trademark similar to mine?
There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence.
What is a PTDL (Patent and Trademark Depository Library)?
A Patent and Trademark Depository Library (PTDL) is a library which is designated by the US Patent and Trademark Office (PTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public and to disseminate both patent and trademark information.
To be designated, a library must meet specific requirements and promise to fulfill certain obligations. Patents and trademarks (word marks only) may be searched at the PTDLs. Please note that the Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the searches for you. They will, however, provide you with the information you need to get started.
Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is the SBA.
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