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 utilizing hold-ups; the USPTO perhaps not allow you to use the name you’ve chosen you’re because there is the same name already trademarked. In this case, you will receive an “office action”, which can be a notification from the USPTO. If you do recieve 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 case scenario, and another motive it is incredibly in order to purchase comprehensive research before you file for your concept!
After your name is registered with the USPTO, between years 5-6 discover file a “Continuous Use Form.” This form conveys to the USPTO which you have been using your trademarked name, and you choose continue to stay company or to sell your product under that name. After a 10 year period, you will 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 happens to ensure that there’s no-one to 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 can be you to remain informed on what businesses are utilising what marks, and how this might affect really own personal business ventures.
Once trademarked, you may take legal recourse if another business has begun cooking with your name. A “cease and desist” letter is simple 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 a letter such as this, having a federally registered trademark renewal period an individual a greater ability to disallow the use of the name by another. Ruined should always be written by an attorney, instead of an individual, as the action conveys that you consider legal recourse against another business. Please communicate an issue USPTO directly, a trademark attorney OR a trademark research company if you’ve more specific questions about maintaining your trademark!