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Trademarks FAQ
Frequently Asked Questions
1. What is trademark infringement?
2. How long do trademarks last?
3. Can foreign applicants register trademarks?
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 trademarks service/product. Trademark infringement is based on this element of "confusion" that is a function of the trademarks meaning. In general, infringement does not require the infringer to be a competitor, but infringement requires a similar product.
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2. How long do trademarks last?
Trademarks 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 trademarks registrant has to file documents to keep the mark active. A renewal must be filed every ten years.
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3. Can foreign applicants register trademarks?
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.
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4. Should I do 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 get 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 in creating a brand name and developing the marketing materials to promote your company, the costs of a name change could be staggering. Get started with our trademarks form.
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5. Are there any additional costs?
There is a government filing fee of $335 with any trademarks application.
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