3 Ways to Protect Your Registered Trademark

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, trademarkrights are granted not by registration, but by use. This is a requirement for registration, although you can still “reserve” your mark beforehand. After registration, 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 trade mark 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 trade mark all over again if you want those protections back.

3. Watch It and Enforce It

Failure to enforce a trade mark can be grounds for losing it. This means keepingan 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.

Looking to start a business or grow your current business? Contact FL Patel Law today by visiting our website or calling 727-279-5037.

About Us

FL Patel Law PLLC is a boutique business law firm dedicated to entrepreneurs and companies.

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