A process of acquiring a trademark right is roughly as shown on the right. Depending on the field, it takes about 5 to 6 months from filing to acquiring trademark rights.
Before filing a trademark application, it is necessary to conduct a search to determine whether there is a previously registered trademark. At that time, it is necessary to have an accurate understanding of the goods and services. In addition, it is often that a registered trademark is used but in a different manner, in which case a request for cancellation of use may be filed. It is necessary to check the actual use of trademarks on a regular basis.
To acquire and maintain a trademark right, a 10-year or 5-year registration fee or a renewal registration fee must be paid to the Patent Office at a predetermined time. The term of the trademark right is 10 years or 5 years depending on the registration fee paid, and the same applies to renewal. The right can be perpetuated.
