| Trademark FAQ
Frequently Asked Questions
1. Should I have a search done?
2. How long does a trademark last?
3. Can foreign applicants register a trademark?
4. Are there any additional costs?
5. What is trademark infringement ?
1. Should I have a search done?
If you are using a trademark over a broad market (such as the Internet) or are concerned about competitors, it is advisable to perform a trademark search. The "perfect" business name for your company may be too perfect - it may already be taken. If you are going to invest time and money in creating a brand name and developing the marketing materials to promote your product or service, the costs of a name change could be staggering -- much more than the cost of a trademark search. It is therefore important to perform a trademark search prior to any promotional activities
.
Order a trademark search .
2. How long does a trademark last?
Trademark rights can last indefinitely, so long as the owner continues to use and renew the mark. Federal trademark law requires that between the fifth and sixth year after the date of initial registration, the trademark registrant must file further documents in order to maintain the registration. A renewal must then be filed every ten years.
3. Can foreign applicants register a trademark?
Applicants not living in the United States must designate in writing the name and address of a representative within the United States. A U.S. 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. TrademarkMyName.com can assist you in filing such foreign trademark applications.
4. Are there any additional costs?
There is a government filing fee of $325 per class of goods or services with any trademark application in addition to any attorney costs to prepare the application. Depending upon the type of application filed (whether based on actual use or an intent to use) there may be some additional government fees required prior to registration. There are also additional government fees required for maintaining and renewing a registration.
5. What is trademark infringement?
Trademark infringement occurs when someone uses the same or similar name in commerce in a way that may lead to confusion with the trademark owner's service/product. In general, infringement does not require the infringer to be a competitor, but infringement does require a similar or related product. What constitutes a trademark infringement is highly fact-specific. Please contact us to discuss any actions you believe to be infringement or if anyone has claimed infringement by you.
|
