How long does a trademark last?
A federal trademark registration can last indefinitely, as long as the mark continues to be used in commerce and the required maintenance and renewal filings are submitted on time. The first maintenance filing is due between the fifth and sixth year, and renewals are due every 10 years thereafter.
What is the difference between TM and the registered symbol?
The TM symbol can be used with any mark to indicate a trademark claim, regardless of registration status. The registered symbol (the R in a circle) can only be used after the mark is officially registered with the USPTO. Using the registered symbol before registration is granted is improper and can result in legal consequences.
Can I register a trademark myself?
You can file an application without an attorney, but the process involves legal analysis (likelihood of confusion, distinctiveness, classification) that benefits from professional expertise. Applications filed without legal counsel have significantly higher refusal rates and are more likely to encounter prosecution complications.
How much does trademark registration cost?
Costs include the USPTO filing fee (currently $250 to $350 per class depending on the filing option), attorney fees for search, preparation, and prosecution, and any additional fees for responding to office actions or TTAB proceedings. The Rubin Firm provides transparent fee estimates before beginning the process.
How long does trademark registration take?
The USPTO trademark registration process typically takes 8 to 12 months if no complications arise. Applications that receive office actions or face opposition can take significantly longer. Intent-to-use applications require an additional filing once the mark is actually used in commerce.
Can I recover money damages in a trademark dispute?
Yes. The Lanham Act allows recovery of the defendant’s profits, the plaintiff’s actual damages, and in exceptional cases, attorney fees. For counterfeiting, statutory damages of up to $2 million per mark are available. TTAB proceedings, however, can only grant or deny registration and cannot award monetary damages.
How long do TTAB proceedings take?
TTAB proceedings typically take 12 to 24 months to reach a final decision, depending on the complexity of the case and the cooperation of the parties. Discovery, testimony, and briefing periods are structured by the TTAB’s scheduling order.
What should I do if I receive a cease-and-desist letter?
Do not ignore it. Consult with a trademark attorney to evaluate the merits of the claim, assess your legal risk, and determine the best response. Options may include negotiation, a coexistence agreement, modification of your mark, or a defense of your right to use the mark.
Can I enforce an unregistered trademark?
Yes. Common law trademark rights arise from continuous use of a mark in commerce, and unregistered marks can be enforced under Section 43(a) of the Lanham Act. However, registered marks enjoy significant advantages including nationwide priority, a presumption of validity, and access to enhanced remedies.
What is the most important factor in a trademark infringement case?
While all factors in the likelihood of confusion analysis are considered, the similarity of the marks and the relatedness of the goods or services are typically the most significant. Evidence of actual consumer confusion, when available, is the strongest proof of infringement.
