How Old Do You Have To Be To Register A Trademark
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If you do this you can have trademark protection for an unlimited period of time.
How old do you have to be to register a trademark. However if you use an unregistered trademark and end up in a dispute you could be looking at a long expensive legal battle over who has the right to use it. You do not have to register your trademark. Watch out for the following issues. In addition to filing these documents you have to use and defend your trademark. You have to file another section 9 affidavit between the ninth and 10th years of every future trademark registration period.
If you don t do these things continually you could lose the rights to your trademark. Let s talk about trademarks. There are 45 different classes to choose from. However unregistered trademarks with the uspto are only trademarked within the company s geographical area. By using a trademark for a certain length of time you may have rights under common law.
A word is a trademark if that word identifies a brand regardless of whether the word itself is registered. By using your mark or marks in commerce. I actually stayed away from this topic for a good reason trademarking is a very complex and legal subject something that i m simply not qualified to. You are filing trademark applications to protect your rights. Do i have to register a trademark to use it.
But one thing is for certain. That is you can use a trademark that is similar to a cited mark an old mark as long as you can prove that 1 you have used the logo for a long time and 2 you have used the logo before the application for registration of the cited mark. I have previously covered trademark scams on my blog but i haven t really talked much about actually registering a trademark the correct way of doing it and the common pitfalls you should try to avoid. You build trademark rights in the u s. If you opt to file after the mailing of your notice of allowance in which case your document will be called a statement of use you have 6 months in which to do so or to seek an extension of time to file.
When you apply for a trademark you need to specify the particular goods or services that you are using your trademark with. You will never have the same rights as if you filed the federal trademark for the name and logo separately. Only after this filing will the uspto register your trademark.
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