How Long Does A Trademark Last?
Trademark protection lasts for a period of 10 years but could last for an unlimited period of time if the proper maintenance documents are filed and applicable fees are paid on time.
What Are Trademark Classes?
The Nice Agreement of 1957 (as amended), is an international IP agreement, whereby signatory countries categorize trademarks for goods and services into 45 different International Classes. Each class represents a specific set of goods or services. For example, International Class (“IC”) 009 is the class for downloadable software but IC 042 is for software as a service (SaaS). It’s important to make sure you choose the proper class when filing an application. Choosing the wrong class could cause your application to be rejected.
What Are The Benefits Of Trademark Registration?
You can find an entire FAQ page on this topic here.
Do I Need A Trademark If I Own My Business Name?
Incorporating your business under a specific name does not entitle you to trademark protection automatically. While using your business name in commerce may entitle you to certain common law rights, it does not entitle you to the same protections as a federal (or state) trademark registration.
Do I Need Sales To Protect My Brand?
Not necessarily. An “intent-to-use” application (known as a 1(b) application)), offers applicants up to three years (6 months + five 6-month renewals) to start using a mark after it receives a “Notice of Allowance.” Each extension request comes with a filing fee of $125 per mark per class. So if you anticipate the sale of goods/services within the three-year time frame, you can plan ahead and file a 1(b) application to try and secure your rights in the mark.
How Long Does It Take To Get A Trademark Registration?
We wrote an entire FAQ on this question which you can find here.
Can I get a trademark for my cannabis brand?
While it is not currently possible to obtain federal trademark registration for a cannabis brand, you may be entitled to protection at the state level. Learn more by reading our blog about building and protecting a cannabusiness brand.