After you’ve applied for your special trademark, there will certainly waiting period of approximately 18 months before your is actually registered but now United States Patent & Trademark Office (herein recognized as the USPTO). Until then, it will be listed as “Pending.” Sometimes happen to be hold-ups; the USPTO will possibly not allow you to make use of the name you’ve chosen to apply for because there is the same name already trademarked. In this particular case, you will recieve an “office action”, which can be a notification from the USPTO. If you do experience an office action, it end up being 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 even worst scenario, and another reasons why it is incredibly important to purchase comprehensive research before you file for your call!
After your name is registered with the USPTO, between years 5-6 discover file a “Continuous Use Form.” This form conveys to the USPTO that you have been using your trademarked name, and you choose continue to stay small business or to sell goods under that name. Following a 10 year period, you’ll be required to renew your trademark. It is important to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended every year you commission research on your name. This is done to ensure that no one has begun using a message 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 perfectly up to you to remain informed on what businesses are using what marks, and how this might affect your own personal business ventures.
Once trademarked, you can take legal recourse if another business has begun using 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 in order to draw up document from boehner such as this, developing a federally registered trademark provides you a greater ability to disallow the use of one’s name by another. These documents should always be drafted by an attorney, regarding an individual, as the experience conveys that you consider legal recourse against another business. Please communicate at a time USPTO directly, a trademark attorney OR a trademark research company if you have more specific questions about maintaining your trademark renewal period!