Because they make it easier to tell one company’s goods and services apart from another, trademarks are a crucial component of any business. Many business owners do, however, ponder whether using their trademarks is necessary to maintain them. This question’s response is not always obvious because it depends on a number of different things. We shall delve into the basic query, “Do you have to use a trademark to keep it?,” as well as address several subordinate queries, in this post.
First and foremost, it’s critical to realize that trademarks are only safeguarded when in use. A trademark owner may lose ownership of their mark if they stop using it for a predetermined amount of time. We call this abandonment. Depending on the jurisdiction, the time between uses can range from 3 to 5 years.
There are a few exceptions to this rule, though. For instance, if the owner of the trademark can show that they have a good reason—like a legal issue or a lack of resources—for not utilizing the mark, they might be able to maintain their ownership of it.
The question “What if my trademark is opposed?” is another related one. When a third party challenges your trademark, it indicates they think it violates their own trademark rights. It is crucial in this situation to get legal counsel and reply to the opposition within the allotted time frame. In the event that the opposition is successful, your trademark may be revoked or have its use restricted.
Let’s now discuss the query, “When can I use TM on my logo?” Even if a word, phrase, or logo has not yet been registered with the appropriate authorities, the inclusion of the sign TM, which stands for “trademark,” can serve to indicate that it is being used as a trademark. The symbol ® may be used in place of a trademark once it has been registered.
The final question is, “How do you find out who opposed a trademark?” If your trademark is challenged, the challenge will typically be sent to the appropriate trademark office. You ought to be informed about the opposition’s existence and the identity of the opposing party. However, you can ask the trademark office for clarification if you’re unsure.
In conclusion, using your trademark is crucial for maintaining your ownership of it, however there are some exceptions. Additionally, it’s important to reply to oppositions and represent your trademark status using the appropriate symbols. You can safeguard your business and your trademark by being aware of these concerns. Last but not least, “What is a dead trademark?” A trademark that has expired, been abandoned, or had its registration cancelled is said to be dead.
You may be able to revive a trademark that the United States Patent and Trademark Office (USPTO) has deemed “dead” or “abandoned” by submitting a Petition to Revive with the USPTO. Within two months of receiving the notification of abandonment, you must file the petition and show that you intend to use the trademark once more. You may also be able to submit a Petition to Cancel the cancellation and restore the trademark if it was cancelled due to non-use. To help with the resurrection procedure, it is advised to speak with a trademark lawyer.