| Trademark FAQ
Frequently Asked Questions
1. What is trademark infringement?
2. How long does a trademark last?
3. Can foreign applicants register a trademark?
4. Should I do a search?
5. Are there any additional costs?
1. What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner's service/product. Trademark infringement is based on this element of "confusion", that is, a function of the mark's meaning. In general, infringement does not require the infringer to be a competitor, but infringement does require a similar product. back to top
2. How long does a trademark last?
A trademark can last as long as the owner wants, so long as the owner continues to renew the mark. Between the fifth and sixth year after the date of initial registration, the trademark registrant will need to file documents to keep the mark active. A renewal must then be filed every ten years.
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3. Can foreign applicants register a trademark?
Applicants not living in the U.S. must designate in writing the name and address of a representative within the U.S. A United States registration provides protection only in the United States and its territories. If the owner of a mark wants protection in other countries, the owner must seek protection in each country separately. back to top
4. Should I get a search?
If you are using a trademark over a broad market (such as the Internet) or are concerned about competitors, it is a very good idea to perform a trademark search. The "perfect" business name for your company may be too perfect- it may be already taken. If you are going to invest time and money in creating a brand name and developing the marketing materials to promote your company, the costs of a name change could be staggering. Get a trademark search before you invest in a business name.
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5. Are there any additional costs?
There is a government filing fee of $335 with any trademark application in addition to any attorney costs to prepare the application.
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