Trademark Renewal & Maintenance : How Do I Always keep My Trademark?
After you’ve applied for your special trademark renewal online, there will become a waiting period of approximately 18 months before your is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes utilizing hold-ups; the USPTO perhaps not allow you to make use of the name you’ve chosen entitled to apply for because there is the exact same name already trademarked. In this particular case, you will experience an “office action”, which is a notification from the USPTO. If you do receive an office action, it end up being due to the USPTO simply needing more information in order to complete your trademark application. However, it also may be because your name is blocked by another name, which is the worst scenario, and another reasons why it is incredibly in order to purchase comprehensive research before you file for your call!
After your name is registered with the USPTO, between years 5-6 you’ll need file a “Continuous Use Form.” This form conveys to the USPTO need been using your trademarked name, and you want to continue to stay in business or to sell your product under that name. After a 10 year period, you will be required to renew your trademark. It is in order to be aware that some maintenance is involved maintaining your trademarked name.
It is recommended that all year you commission research on your name. Accomplished to ensure that there’s no-one to has begun using your reputation since doing initial research on its availability. By continuing to do annual research, you are adding a greater sense of protection for your name and business. It is up to you to remain informed on what businesses are using what marks, and how this might affect your own personal personal business ventures.
Once trademarked, you may take legal recourse if another business has begun utilizing name. A “cease and desist” letter is a technique of conveying to another business that they are infringing upon your trade-name. While you do not require a trademark in order to draw up document from boehner such as this, developing a federally registered trademark gives you a greater ability to disallow the use of your name by another. These documents should always be selected by an attorney, rather than an individual, as the experience conveys that you take legal recourse against another business. Please communicate an issue USPTO directly, a trademark attorney OR a trademark research company if you have more specific questions about maintaining your trademark!
