After you’ve applied to get a trademark, there will be a waiting period of approximately 18 months before your name is actually registered while using the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes happen to be hold-ups; the USPTO may not allow you to make use of the name you’ve chosen you will be eligible because there is the exact name already trademarked. In this case, you will receive an “office action”, which is really 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 procedure for assignment of Trademark in India the worst situation scenario, and another reason why it is incredibly vital that purchase comprehensive research for you to file for your concept!
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 which you have been using your trademarked name, and you prefer to continue to stay in business or to sell goods under that name. After a 10 year period, you will be required to renew your trademark. It is important to 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 no-one has begun using your reputation 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 selecting what marks, and how this might affect your own personal business ventures.
Once trademarked, you will take legal recourse if another business has begun utilizing name. A “cease and desist” letter is an opportunity of conveying to another business that they are infringing upon your trade-name. While you do not need a trademark in order to draw up a letter such as this, having a federally registered trademark an individual a greater ability to disallow the use of your name by another. Ruined should always be selected by an attorney, associated with an individual, as the action 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 may more specific questions about maintaining your trademark!