What happens if you trademark a name and someone uses it?
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.
How do I remove my name from a trademark?
If personally identifying information, such as your name or address, has been disclosed in the public record for an application or registration that youre not involved with, please email an informal request to TMPolicy@uspto.gov to have it removed from the record.
Why would you abandon a trademark?
Genericism: when a trademark becomes too widely used. Excessive licensing: when a trademark owner licenses the rights but is unable to maintain control over the trademark. Failure to enforce: when the owner takes no active measures to prevent unauthorized use of the trademark by third parties.
Can you modify a trademark application?
If it cant be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.
How do I abandon a registered trademark?
An applicant may expressly abandon its application by filing with the Office a written statement of abandonment or withdrawal of the application, signed by the applicant or the applicants attorney or other authorized representative. A request for abandonment or withdrawal may not subsequently be withdrawn.
Can you change a trademarked logo?
You can modify the trademark youre using on your products and services, but you cannot modify an existing registration, so unless you register your newly modified trademark, it will not have the same scope of protection as a prior, unmodified, registered trademark.
Can I abandon my trademark?
You can explicitly abandon the trademark by filing the right paperwork at the trademark office, which means intentionally putting down what was once your intellectual property. Alternatively, you can simply stop maintaining your trademark and let your trademark eventually fall into abandoned status.
What to do if a name is already trademarked?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. Then, he or she will need to change the name to avoid a possibly detrimental lawsuit based on the trademark already in use.
What are the grounds for cancellation of trademarks?
There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.
How do I remove goods from a trademark registration?
Delete goods or services promptly if no longer in use If you stop using your trademark with one or more of the goods or services in your registration between required maintenance filings, you should promptly delete them from your registration. File a section 7 request to delete these goods or services.
