After you’ve applied for your special trademark, there will certainly waiting period of approximately 18 months before your company 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 utilizing hold-ups; the USPTO probably doesn’t allow you to make use of the name you’ve chosen to apply for because there is the exact name already trademarked. In this particular case, you will get an “office action”, which is really a notification from the USPTO. If you do recieve an office action, it may be 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 explanation why it is incredibly vital that purchase comprehensive research for you to file for your nick name!
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 that you have not been using your trademarked name, and you prefer to continue to stay company or to sell goods under that name. Following a 10 year period, you’ll be required to renew your trademark. It is vital that be aware that some maintenance is involved to keep your trademarked name.
It is recommended that each year you commission research on your name. This is done to ensure that no one 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 up to you to remain informed on what businesses are choosing 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 using your name. A “cease and desist” letter is an easy way of conveying to another business that they are infringing upon your trade-name. While you do n’t need 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 written by an attorney, associated with an individual, as the action conveys that you consider legal recourse against another business. Please communicate with the USPTO directly, a Trademark assignment agreement Online attorney OR a trademark research company if may more specific questions about maintaining your trademark!