How Often Do You Have To Register A Trademark
The following are some of the protections that you do get from an unregistered trademark and how they compare to the more extensive privileges of use you re entitled to through federal registration.
How often do you have to register a trademark. A trademark or service mark that only contains characters should be submitted in all caps. As to costs outside of the initial application in the us if you get it registered without any office actions which will cost extra depending on the complexity of the rejection then you ll have to file a statement of use in the 5th 6th year and that will cost about 200 then you ll have to file a statement of use and declaration every 9th 10th year that will run you 400 each time. The law provides that if a trademark owner uses the registration symbol properly then any future defendants will be deemed to have constructive knowledge of the mark s registration. If you have any questions about which to choose consult with an attorney. Starting this year the united states patent trademark office will be sending renewal notices to remind trademark owners of these important dates.
If you plan to do business only within your state you may not have sufficient cause to register a federal trademark. Until you do so you won t have any rights against theft of your mark. At the end of that time you must file a renewal application to maintain the trademark. When you do file for a trademark or service mark consider these important points. Owners of registrations not based on the madrid protocol must file a declaration of use and or excusable nonuse and an application for renewal under 8 and 9 of the trademark act between the 9th and 10th years after the registration date and every 9th and 10th year period thereafter calculated from the registration date.
Such filings require the use of a mark across state lines or between the u s. That you being said if you are unaware of the renewal deadlines you re in luck. If approved the registration is good for ten years for trademarks issued after november 16 1989. If you file in a name other than that of the actual owner as of the filing date the application may be deemed void you will forfeit your fees and priority date and have to start over. Reason 1 to register a trademark local vs.
If your trademark registration is not approved. It may take many months for your trademark to be approved. But the real legal protection comes when you file an application for a trademark or service mark. As a trademark owner you should ensure you are aware of the renewal requirements on your trademark registration. The cost is between 275 375 per mark for each international class in which you seek registration depending upon the filing method you chose.
On the other hand federal trademarks can be registered based on intent to use the mark whereas in.