Trademark Renewal 101: Everything You Need to Know

 

Trademark 101: Next steps after you have registered your trademark

By Xavier Morales / April 29, 2020, 5 minutes of reading

Congratulations! Congratulations! What's the next step? We'll be discussing what you should do now that your trademark is officially registered.

Add the Trademark Renewal Symbol

After your mark is registered, you can add the registered trademark symbols to the name, logo, or slogan. The USPTO states that the "(r) symbol signifies that your trademark has been federally registered with the United States Patent and Trademark Office. The symbol informs the public that your mark has been registered and you have nationwide rights to it." According to the USPTO, there are three key restrictions to be aware of when using the "r" symbol.

1. It can only be used once the mark has been registered.

2. It can only be used in conjunction with the listed goods and services in the federal register.

3. You can only use it while your registration is active. If you do not maintain it or it expires, you may not continue using it.

Create Awareness

Once your trademark has been registered with USPTO, you need to spread the word about its protection. You have many options to increase awareness of your trademark. Examples include:

  • Share the news via social media sites such as Facebook and Twitter.
  • Write a blog post or press release to announce the news.
  • Recording and publishing a YouTube clip to inform people about your trademark registration.
  • Send an email with news-related messaging to your subscribers.
  • Include your news in your quarterly newsletter or annual newsletter.

It is a great way to raise awareness about your trademark and help others understand your rights as the owner.

Monitor

As we have discussed in other blog posts, it is crucial that you monitor for instances of infringement after you have registered your trademark. It is important to be proactive in monitoring for possible infringement and protecting your rights as trademark owners. You will not be notified by the USPTO about potential cases of infringement. A section of the USPTO website states that you are responsible for protecting your rights if you get a registration. The USPTO doesn't "police" the use or imitation of trademarks. The USPTO tries to prevent any other party from receiving a federal registration for an identical mark or similar to one that is applied to goods/services. However, it is up to the registered owner to bring legal action to stop another party using the infringing marks.

Learn more about trademark surveillance

Protect

A registered trademark can be defended by any company or organization to prevent the loss of their brand image. It is essential to spend time protecting your trademark and enforcing the rights you have as trademark owner after it has been registered with USPTO. You can use the monitoring strategies you create to alert you to any cases of trademark infringement. Failure to protect and defend your trademark against trademark infringement could result in your registration being cancelled.

Learn more about our trademark registration service

Litigation

Trademark disputes will always arise for any product or company. If you are aware of a minor dispute, you and your attorney will decide if you wish to pursue any type of legal action. Your attorney might recommend you go to the litigation phase if you have sent a cease and desist letter about the unauthorised use of your trademark. It is important to record all evidence, including your requests for the infringement cease and desist and any other information related to the trademark's ownership.

Renewal and maintenance

The USPTO may not inform you when your trademark expires or what maintenance requirements apply to your mark. Your valuable trademark rights could be lost if you fail to keep track of your registration status. It is possible to hire an attorney to help you with ongoing maintenance in order to preserve your trademark rights. According to the USPTO, you must file a Declaration of Use under Section 8 between the fifth year and sixth years after registration. You must also file a "Declaration of Use" and an "Application for Renewal under Sections 9 and 8 together between the ninth to tenth years after registration and every ten years thereafter. Your registration will be cancelled if these documents are not filed in time.


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