Question: Why Do Trademarks Get Denied?

How do you know if a trademark is too similar?

Too Similar to an Existing Trademark?Compare the look of the new mark with the look of the existing trademark.Compare the market for the new mark with the market for the existing trademark.Analyze how often the new mark has been confused for the existing trademark.Compare the customers for the mark with the customers for the existing trademark.More items…•.

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

What is considered trademark infringement?

What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Can you trademark one word?

When you trademark a word, you give a person or company exclusive rights to connect one brand with that word. You can trademark a word that identifies your company or your products. Register your trademark with the U.S. Patent and Trademark Office (USPTO) to protect your trademark throughout the United States.

How long do Trademarks last in the US?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What happens if my trademark is denied?

If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit. … In the process, the Court may elect to remand the matter for further proceedings.

How do you overcome trademark rejection?

The USPTO can refuse registration for a number of reasons….4 Ways To Overcome A Likelihood Of Confusion RefusalArgue that the marks or goods are different. … Consent Agreements – agree to coexist with a prior registrant/applicant. … Argue the prior registration/application is weak. … Collateral attack – a last resort.

Can a trademark be challenged?

A U.S. trademark registration can be challenged after it is registered by the US Patent and Trademark Office. A petition for cancellation of a trademark registration can be filed with the US TTAB (Trademark Trial and Appeal Board).

How long do trademarks take to be approved?

Trademark Registration – How long does it take? There are several stages in trademark registration. The time scales below are indicative of how long it takes to register a trade mark from the date that it is filed, but overall the process can take between 3 and 8 months, and sometimes over a year.

Can I trademark a similar name?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can I use my trademark while its pending?

Essentially, you cannot ask someone to stop using a trademark based on your federal rights while your application is pending, because you do not yet have the rights of a federal trademark registration. … The good news is that your rights will be retroactive to your filing date.