What is the difference between a trademark and a license?
A trademark is any name, sign, symbol, logo, colour, sound, or thing that distinguishes or identifies the source of a product (goods or services) from that of a competitor. [ii] On the other hand, a licence is the permission to do something which would otherwise be unlawful.
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.
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 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.
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.
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 A request for abandonment or withdrawal may not subsequently be withdrawn.
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 is trademark class 41?
Trademark Class 41 includes several types of education and entertainment services. This refers to services for training, sporting, and cultural activities. It also applies to services for people or institutions involved in the development of the mental faculties of people or animals.
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.
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.
