Quick Answer: What Happens If My Trademark Is Denied?

How do I know if my trademark is approved?

To check the status of your trademark application, please visit http://tarr.uspto.gov/ and use your USPTO trademark serial number to locate your application..

How do you know if a trademark is too similar?

Too Similar to an Existing Trademark?Compare the look of the new mark with the look of the existing trademark.Compare the market for the new mark with the market for the existing trademark.Analyze how often the new mark has been confused for the existing trademark.Compare the customers for the mark with the customers for the existing trademark.More items…•

What happens if a trademark is refused?

If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). An appeal to the IPAB must e filed within three months of the date of issuance of the refusal order by the registrar.

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 overcome trademark rejection?

The USPTO can refuse registration for a number of reasons….4 Ways To Overcome A Likelihood Of Confusion RefusalArgue that the marks or goods are different. … Consent Agreements – agree to coexist with a prior registrant/applicant. … Argue the prior registration/application is weak. … Collateral attack – a last resort.

Can a trademark be challenged?

A U.S. trademark registration can be challenged after it is registered by the US Patent and Trademark Office. A petition for cancellation of a trademark registration can be filed with the US TTAB (Trademark Trial and Appeal Board).

What is the likelihood of confusion test?

A likelihood of confusion exists when an allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.

Kelley Keller: Use TM or SM for unregistered marks only. This includes marks that are the subject of a still-pending application in the U.S. Patent and Trademark Office. Use TM for marks that represent goods and SM for marks that represent services. If your mark covers both products and services, TM is recommended.

Can I trademark something that already exists?

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.

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 much does it take to trademark a name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

How much does it cost to oppose a trademark?

How can I oppose a trade mark application and what does it cost? If you want to oppose the registration of a trade mark then you must file a TM7 ‘Notice of opposition and statement of ground’. If your opposition is only based on Sections 5(1) and/or 5(2) grounds the fee will be £100.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

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.

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 much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

How do you respond to a trademark action?

Respond online using the Trademark Electronic Application System (TEAS). You must use the correct TEAS form to respond. And your response must be signed by a proper person or we can’t accept it. See the section below called “Who can sign the TEAS response form.”

Can a trademark be opposed after registration?

After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). … If a trademark opposition is successful, the registration of the trademark will be refused.