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TRADEMARK MAINTENANCE

You’ve finally registered your trademark, congrats! Now, here is some information you should know in order to maintain that status.

1. MONITOR & ENFORCE YOUR TRADEMARK

Remember, the USPTO does not enforce trademarks; this is solely the trademark owner’s responsibility! This is important because a failure to monitor and enforce your mark can result in the loss of trademark protection. Here are some ways that you can be proactive in maintaining your trademark:

  • Notify others of your trademark status by using the registered trademark symbol ®
  • Monitor your trademark in the marketplace and USPTO filings and immediately make objections to applications that you feel may infringe on your mark
  • Hire an attorney to pursue legal action against infringers

2. MAKE SURE YOUR MARK IS IN CONTINUED USE 

Ensuring that your trademark is in continued use in commerce is mandatory to maintain federal registration. Definitively ceasing to use your trademark for a prolonged period can result in abandonment. As such, you run the risk of cancellation of the mark by a third-party.

3. TIMELY FILE MAINTENANCE DOCUMENTS

Unfortunately, trademark registrations can be canceled if the owner fails to timely renew their mark with the USPTO. Once a trademark has been registered, it will last for 10 years, however, it is renewable for an additional 10-year period thereafter. In order to renew your trademark, the owner must file appropriate maintenance documents between the fifth and sixth year after registration, again between the ninth and tenth year after registration, and from there on every subsequent 10-year period.

Contact an attorney to help ensure that your trademark is properly maintained and will not lose federal protection. Consider choosing Hebert-Thomas Law, PLLC to help you maintain your trademark registration status.

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