3 Ways to Protect Your Registered Trademark
3 Ways to Protect Your Registered Trademark
Congratulations on registering your trademark! However, this isn’t end of the trademark registration process. You still need to be proactive in protecting your intellectual property. Here’s how to do just that.
1. Use It
Contrary to popular belief, trademark rights are granted not by registration, but by use. This is a requirement for registration, although you can still “reserve” your mark beforehand. After registering your trademark, you will need to provide proof of continued use to the Patent and Trademark Office. In other words, use it or lose it!
2. Maintain It
Your registered trademark has the potential to last forever so long as you stay on top of the necessary documents. If you forget to file, then you can kiss your federal protection goodbye.
- Five years after registering your trademark, you will need to file an Affidavit or Declaration of Use and/or Excusable Nonuse under Section 8 of the Federal Trademark Act.
- Nine years after registering your trademark, you will need to file another Section 8 Declaration of Use along with an Application for Renewal under Section 9 of the Federal Trademark Act.
- Every ten years after you file your first Section 9 application, you will need to file yet another Section 8 Declaration of Use and Section 9 Application for Renewal.
A six-month grace period exists for those who miss these deadlines. However, after those six months, you will lose out on federal protection and will have to register your trademark all over again if you want those protections back.
3. Watch It and Enforce It
Failure to enforce a registered trademark can be grounds for losing it. This means keeping an eye out for any businesses that use something similar and any applications for trademarks that might resemble it. Even if it isn’t an exact duplicate, similar trademarks can confuse the public and damage your brand. The USPTO doesn’t enforce or monitor activity, so the burden to do so falls either on you or a monitoring service that you hired. If you discover anyone in violation, a lawyer can help you draft and send a cease and desist letter along with any other actions that need to be taken to protect your registered trademark.
FL Patel Law PLLC is experienced in every aspect of trademark registration and protection. Whether you’re looking for assistance with performing a trademark clearance search, registering a trademark, protecting a registered trademark, or responding to a USPTO Office Action, you don’t have to go it alone. Contact us today.
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