Now that you have gone through all the hassle of filing your trademark application and getting registered, what happens next? Since it is a legal process, you must stay up-to-date with the newest guidelines of the USPTO to remain registered and protect your intellectual property.
This article will discuss the aftermath of successfully registering your trademark and how best to use it. Let’s get started!
Use The ® Symbol
Before being registered, brands can use the symbols SM and ™ to indicate a claim over the trademark. Once registered, companies can switch to the circled R (®) symbol, although not required, to show they hold possession of their trademark. Using the symbol (®) before application acceptance violates federal law and can lead to application rejection.
The symbol (®) shows that you have registered your trademark and have nationwide rights; this builds credibility and brand identity.
Meet USPTO Renewal Guidelines
Another important thing you need to do after successfully filing your trademark application is to stay up-to-date with the USPTO file renewal guidelines. After post-registration, the first renewal is five years after the original registration date, the second renewal is ten years after the original registration date, and then after every ten years.
The USPTO does not notify companies about the incoming renewal dates, and thus if businesses fail to renew documents, the trademark will be at the risk of abandonment.
Moreover, you also need to prove use in commerce for all goods and services and pay for each class. Failure of proper registration will lead to the loss of trademark rights.
Register With The US Customs And Border Protection
All the trademarks registered with the USPTO are recorded at the CBP (US Customs and Border Protection). The CBP has the right to prevent the importation of goods if it suspects an infringement of registered trademarks. All ports have access to these databases, and if suspected of infringement on someone else’s intellectual property rights, they can stop importation.
Businesses can register their trademarks at CBP for $190. The registered trademark remains in their database for 20 years, so the fee is well worth it.
Monitor For Infringement
After filing your trademark for registration and getting your application accepted, the trademark law requires owners to police and monitor the trademark marketplace to search for indirect or direct infringement and ensure no third party is using a similar trademark as yours. If an owner fails to monitor their trademark, a third party can use this negligence to protect the mark against any legal enforcement.
You can set up Google alerts for brands and businesses using the same or similar trademark, use a professional monitoring service, or monitor the USPTO database.
As you can see, the work isn’t done once the trademark is registered. There is still much you need to do, such as staying up-to-date with the renewal guidelines, registering with the CBP, and monitoring and enforcing trademarks for infringement.
Thus, it is recommended to hire an attorney or work with a law firm to ensure no legal problems occur in the future. Hiring an attorney after the registration process does not only help if the application is rejected but is also useful for monitoring and policing purposes. Reach out to Trinity Trademarks. Their expert lawyers ensure that you keep your trademark registration successfully for years. Call now for a consultation.