TM question

[draggar]

How long are TMs good for? I've been thinking of setting up a movie based site with some very old movies (silent films).

I've done some reading and it seems that:

Anything prior to Dec 31, 1922 is public domain.

Anything between Jan 1, 1923 and Dec 31, 1963 may still be under copyight but were not under an automatic renewal (they did not renew the trademark) - the limit on these is 28 years.

Anything after Jan 1, 1964 is covered under an automatic renewal process. Limit on these is 70 years.

I'm not worried about later and I know a lot of the films are pre-1922 but some are in the mid 20's and maybe the very early 1930s.

I've looked up one aspect of what the site would be (the performer) and there is no relative active TM on them.

 

[Cash Is King]

Go to Uspto.gov for more details. Trademarks i think are good for seven years. When they go dead theyre dead.

 

[Gerry]

From the USPTO.gov (since I had a client ask yesterday)

How long does a trademark registration last?

For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee.

The registrant must also file a §9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee.

Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term.

This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.

In essence, a TradeMark has an infinite life as long as it is still used in commerce and proper documentation is filed in a timely manner.