Can another company use my trademark?
Coexistence agreements. You may be able to use an identical trade mark (for example company name, logo) as someone else by making a coexistence agreement. This means you agree that both of you can continue to use the trade mark.
Can Trademarks be sold or transferred?
Unlike patents, trademarks are associated with a product or a business and are not sold outright. Trademark ownership can be transferred along with ownership of the business or product the trademark represents. For example, if you sell your business, you may sell the trademark rights to the logo along with it.
When should a company use a trademark?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
What is valid type of transfer of trademark?
To carry on a genuine and valid trademark assignment, a Trademark Assignment Agreement is executed between both the parties that includes the assignor and the assignee. Such legal agreement acts as a valid proof and is admissible as an evidence in court, in case any dispute arises between both the parties.
What happens if someone is using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
What happens if you use a trademark without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
What happens when you sell a trademark?
Not only is the name of the business or product sold in a trademark sale, the goodwill that’s associated with that name is also part of the transaction. If the seller wishes to continue using the trademark, he or she will have to get permission from the new owner, in which case they may agree to license it for use.
How do you change ownership of a trademark?
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”).
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
How much does it cost to transfer a trademark?
Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day. The filing fee for this service is $40.
How long does a trademark last?
How long does a trademark last in the US? In 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.