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Trademarks FAQs Lb7 Uscourts Form
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People also ask
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How often do trademarks get denied?
ing to the USPTO, less than 50% of trademark applications are approved without issuing an Office Action. That's more than 1 of every 2 applications is initially rejected, a substantial margin. -
Do I have to renew my trademark every 5 years?
A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State's office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years. -
Why would a trademark get rejected?
If your mark is identical or “confusingly” similar to an existing mark and covers goods or services that are related (i.e. hats and t-shirts or jewelry and watches), your application may be refused. -
What makes a trademark invalid?
A trademark registration can be invalidated if the person or entity claiming ownership is not the one controlling the nature and quality of the goods or services under the mark. Keep in mind that only a legal owner of a trademark has standing to enforce the intellectual property rights of that mark. -
What factors would the USPTO consider when refusing to register a trademark?
The most common reason to refuse registration is a “likelihood of confusion” between the mark of the applicant and a mark already registered or in a prior-filed pending application owned by another party. -
What is the most common reason that a trademark might be rejected?
The most common are: Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. -
What's the difference between a trademark and a registered trademark?
In summary, the trademark symbol (™) is used for unregistered or pending trademarks, while the registered trademark symbol (®) is used specifically for marks that have been officially registered. -
Can I use the R symbol without registering?
You're only allowed to use this symbol with a federally registered mark for the goods/services specified in the registration.
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