Acquiring a trademark registration from the U.S. Patent and Trademark Office (USPTO) is just the beginning; maintaining and protecting your trademark involves ongoing responsibilities for its validity.
Upon official trademark registration, owners must actively use, sustain, and safeguard their trademarks.
Using Your Trademark
Continual utilization of a trademark for commercial purposes stands as the paramount duty for trademark proprietors aiming to preserve the validity of their trademark. Ceasing the use of a trademark, without a clear intention to resume its utilization, can lead to its abandonment, subjecting the registration to potential cancellation by a third party.
While temporary discontinuation of trademark use, such as during inventory replenishment, may not constitute abandonment, shelving the trademark for an extended period could result in abandonment under USPTO regulations.
Moreover, in addition to practical use, trademark owners must:
Display the Ā® Symbol: After completing trademark registration, consistently showcasing the registered trademark symbol (Ā®) is imperative. This signals to the public that the trademark is federally registered and protected.
Maintain Consistency: Maintaining the consistency of your trademark, whether in words or design, across all applications is crucial. This practice reinforces the trademark’s strength and legal protection.
Maintaining Your Trademark
U.S. law imposes deadlines for specific trademark maintenance filings. Failure to submit these renewal documents punctually results in the abandonment of the trademark registration.
Key points regarding trademark maintenance include:
Deadlines for Renewal Filings: The initial trademark renewal filing falls due between the fifth and sixth year post-registration, with subsequent renewals required every ten years.
Timely Filing: Missing renewal filing deadlines carries severe consequences, leading to a reduction in common-law trademark rights.
It is vital never to overlook renewal filing deadlines, as the USPTO does not issue reminders or extensions, except for a limited six-month grace period incurring additional fees. Responsibility for meeting all deadlines rests entirely with the trademark owner, and failure to comply results in automatic cancellation.
Protecting Your Trademark
Vigilant protection against intentional and unintentional infringements is imperative for the longevity and strength of a trademark. A proliferation of similar terms or phrases in a particular industry weakens public recognition and, consequently, the legal protection of the trademark.
To safeguard your trademark
Monitor Your Trademark: Trademark owners must actively police the marketplace to prevent unauthorized use or confusingly similar trademarks by other entities. Neglecting this duty could jeopardize trademark rights, allowing infringers to defend against enforcement actions.
Expand Your Trademark Portfolio: As your business expands, your trademark portfolio should grow accordingly. This involves filing applications for new product names, logos, or expanding the coverage of services/products under the original registration. Updates to the trademark specimen may also be necessary if the trademark has evolved.
Collaborating with a skilled and experienced Trademark Attorney is crucial for navigating post-registration requirements and ensuring the maintenance of a valid trademark registration in the United States. The adept Florida Trademark Attorneys at Jurado & Associates, P.A. are ready to assist you. Contact us at (305) 921-0976, via email at [email protected], or WhatsApp atĀ +1 (305) 921-0976 to schedule an initial consultation with one of our trademark specialists.
