After you’ve applied for your special trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein termed as a the USPTO). Until then, it will be listed as “Pending.” Sometimes you hold-ups; the USPTO will possibly not allow you to use the name you’ve chosen you will be eligible because there is the identical name already trademarked. In this case, you will receive an “office action”, which is often a notification from the USPTO. If you do experience an office action, it may 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 of all scenario, and another reason why it is incredibly in order to purchase comprehensive research before you file for your heading!
After your name is registered with the USPTO, between years 5-6 when possible file a “Continuous Use Form.” This form conveys to the USPTO need been using your trademarked name, and you intend to continue to stay enterprise or to sell your products under that name. Following a 10 year period, you will be required to renew your trademark. It is in order to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended that each year you commission research on your name. This is done to ensure that 1 has begun using your name 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 about you to remain informed on what businesses choose what marks, and how this might affect individual personal business ventures.
Once trademarked, you may take legal recourse if another business has begun together with your 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 renewal period in order to draw up a letter such as this, developing a federally registered trademark offers you a greater ability to disallow the use of your name by another. These documents should always be used by an attorney, as compared to an individual, as the action conveys that you are taking legal recourse against another business. Please communicate at a time USPTO directly, a trademark attorney OR a trademark research company if may more specific questions about maintaining your trademark!