How Old Do You Have To Be To Register A Trademark
By using your mark or marks in commerce.
How old do you have to be to register a trademark. If you don t do these things continually you could lose the rights to your trademark. Use the mark with your goods or services to identify you or your company as the source and to distinguish your goods or services from any competition s and you ll build trademark rights. There are 45 different classes to choose from. Do i have to register a trademark to use it. That is you can use a trademark that is similar to a cited mark an old mark as long as you can prove that 1 you have used the logo for a long time and 2 you have used the logo before the application for registration of the cited mark.
If you opt to file after the mailing of your notice of allowance in which case your document will be called a statement of use you have 6 months in which to do so or to seek an extension of time to file. But one thing is for certain. If you do this you can have trademark protection for an unlimited period of time. However if you use an unregistered trademark and end up in a dispute you could be looking at a long expensive legal battle over who has the right to use it. However unregistered trademarks with the uspto are only trademarked within the company s geographical area.
If another company tried to register your name as a trademark you might have a case to object. I actually stayed away from this topic for a good reason trademarking is a very complex and legal subject something that i m simply not qualified to. You do not have to register your trademark. By using a trademark for a certain length of time you may have rights under common law. I have previously covered trademark scams on my blog but i haven t really talked much about actually registering a trademark the correct way of doing it and the common pitfalls you should try to avoid.
In addition to filing these documents you have to use and defend your trademark. Only after this filing will the uspto register your trademark. You build trademark rights in the u s. You have to file another section 9 affidavit between the ninth and 10th years of every future trademark registration period. Let s talk about trademarks.
You are filing trademark applications to protect your rights. Watch out for the following issues. You don t have to register a word with the uspto to get trademark status.