After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes you hold-ups; the USPTO may not allow you to make use of the name you’ve chosen to apply for because there is the identical name already trademarked. In this case, you will experience an “office action”, which is really 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 worst case scenario, and another reasons why it is incredibly important to purchase comprehensive research a person begin file for your name!
After your name is registered with the USPTO, between years 5-6 may file a “Continuous Use Form.” This form conveys to the USPTO which you have been using your trademarked name, and you shall continue to stay small business 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 maintaining your trademarked name.
It is recommended every year you commission research on your name. Place to ensure that no one 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 is up to around you to remain informed on what businesses choose what marks, and how this might affect really own personal business ventures.
Once trademarked, you may take legal recourse if another business has begun using your name. A “cease and desist” letter is an easy way 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 gives you a greater ability to disallow the use Transfer of Trademark Rights in India the name by another. These documents should always be used by an attorney, as compared to an individual, as the action conveys that you consider legal recourse against another business. Please communicate with the USPTO directly, a trademark attorney OR a trademark research company if have got more specific questions about maintaining your trademark!