When does a trademark registration expire?

Why don’t trademarks expire? Trademarks differ from patents in at least one critical way: trademarks can last indefinitely while patents must expire. Keep in mind that patents involve an exchange of information (from inventors) for exclusivity (from government). Trademarks do not involve such an exchange. Instead, trademarks serve to indicate the source of a product […]

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How long is the US trademark application process?

How long is the US trademark application process? Trademark applicants typically want to know how much time it takes to register a trademark. The length of the trademark application process depends upon three key factors, each of which is controlled by a different party: Filing basis (up to you) Rejections / Office Actions (up to the […]

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What is a geographically descriptive trademark?

What is a primarily geographically descriptive trademark? Not all marks that contain a geographical location will be refused registration. The issue is whether the mark is primarily geographically descriptive. To meet that “primarily” requirement, the mark must have the following [see TMEP § 1210.01]: the primary significance of the mark is a generally known geographic […]

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How to renew a trademark registration

Trademark Renewal Deadlines Unlike patents which have a definite expiration, the term of a trademark registration may continue indefinitely as long as the owner continues to use the mark on the goods or services identified in the registration. In the IP world, “renewal” specifically refers to a second post-registration filing that occurs around the 10-year […]

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What can’t be trademarked?

What is an indicator of source? Not all words can be trademarked. In order for a term to function as a mark and thus qualify for registration, a mark must serve as an indicator of the source of origin of the relevant goods or services. If certain words or phrases fail to distinguish the source […]

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What is a trademark Office Action?

A trademark Office Action is a letter issued by the USPTO examining attorney assigned to review your trademark application. All issues raised in a trademark Office Action must be adequately addressed to avoid abandonment of the trademark application. Has my trademark application been rejected? Receiving an Office Action does not necessarily mean that your trademark […]

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How much does a trademark application cost?

ICLG Trademark Flat Fee Schedule – 2019   Attorney’s Fee USPTO Fees* Total**  Trademark Application Package       Filing trademark application with a single class of goods/services Flat rate includes: 1) USPTO Trademark Knockout Search ($350 value); 2) Initial filing with proposed modification of identification of goods/services; 3) Reporting and responding to non-refusal Office Actions; 4) Multiple filing […]

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What is a Statement of Use (SOU)?

What is a Statement of Use? An Intent-To-Use (ITU) trademark application does not require any evidence of trademark use at the initial filing. In fact, one of the advantages of an ITU application is that several goods and/or services may be initially identified in the application without providing any specimens or dates of first use […]

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