UNITED STATES OF AMERICA
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice 10th Edition;
Multi-class;
Goods and services can be registered.
International Arrangements
Convention priority can be claimed.
Renewal
10 years from the registration date and every 10 years thereafter.
Use Provisions
Non-use of a mark for a period of 2 years from registration renders it open to an action for cancellation by third parties.
The Federal law provides that a trade mark owner has an ongoing duty to take all reasonable measures to detect and prevent misleading or unauthorised use of its marks. The failure to detect and prevent such uses could cause the owner to lose it exclusive right to use the marks. The owner must therefore meticulously maintain control over the use of its marks, monitor uses by all licensees, and prevent unauthorised uses by third parties.
Patent information
Types of Patent
Substantive with or without priority claims (provisional/non-provisional);
PCT national phase.
International Arrangements
Convention priority can be claimed.
Duration
20 years from the effective filing date.
Renewal
Maintenance fees must be paid to maintain the patent in force, and fall due at 3.5, 7.5 and 11.5 years from the date the patent is granted and can be paid without a surcharge during the “window period,” which is the six-month period preceding each due date, e.g., three years to three years and six months. a 6-month grace period after the due date is available on payment of a surcharge.
design information
Types of Design
International Arrangements
Convention priority can be claimed.
Duration
A design patent issued prior to 13th May 2015 has a term of 14 years from grant, and no fees are necessary to maintain the design patent in force. Effective 13th May 2015, the term of design patents has been revised to 15 years from the date of patent grant, for those design patents issuing from both national design applications and international design applications designating the United States, and no fees are necessary to maintain a design patent in force.
Renewal
No renewal fees are payable.
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