Registered a Trademark? Now You Need To Meet Maintenance Deadlines

Registered Trademark Maintenance Filings

You are probably thinking that once you have a registered trademark you’re golden right?

Actually there are a few more steps involved once you have done the main process and gotten your trademark approved. In order to continue that trademark, you will also need to make certain the trademark maintenance filings are also filed.

Trademark Maintenance Filings

You are thinking what is it for? Do you need that for your trademark? Why is it important to file for a trademark maintenance filing? A trademark protects your brand from being infringed upon. Filing for maintenance on your trademark not only keeps that protection guaranteed, but it also upkeeps the renewal which is usually done every ten years.

A maintenance filing usually consists of five areas. Those five areas consist of renewal of the trademark, a cautionary notice, tax information, affidavit for use, and proof of renewal of your basic registration. Yes, the maintenance filing is necessary to continue the trademark for your brand.

You can file for it every ten years typically. as a reference keep these dates stored so you have a reminder. The first renewal filing is going to be done five years from the initial registration date. The second renewal is going to be due nine years after the initial registration date and any renewals thereafter will be done ten after the second renewal date. If you accidentally miss the renewal date there is a six month grace period that will include a few additional fees, however, you still keep your trademark which will maintain the federal priority you have already obtained with your trademark.

If you go more than the allotted six months for your registration not only do you risk losing your federal priority, you will also have to go through the entire process all over again. You wouldn’t want to go through that.

The importance is solely to save you the extra hassle of paperwork for one, but also to protect your specific brand. Once you lose your trademark the priority for your brand is no longer what you are accustomed to, but you could also lose sales or product demand.

Not saying that will happen as with that trademark you more than likely gained a great base for clientele. Keep that clientele growing by staying on top of your renewals.

Keep in Mind

• Correct trademark symbol.
• New trademark filings.
• Monitoring the market for new trademarks.
• Trademark infringement.
• The right attorney.

Making sure you use the correct trademark symbol is important. The more commonly known symbol is the classic TM with the circle around it. There is also the R with a circle around it. Knowing the difference will keep you golden. You are probably asking what the difference is right? You will typically start your brand with the small TM that’s encircled, but once you have officially registered your brand you should switch it to the R that’s encircled. This simply makes it aware that you are registered with the USPTO.

(The United States Patent and Trademark Office]

Keeping up to par with current filings is great to do solely because it will not only help you avoid something too close for similarities, this will avoid infringement and keep your trademark strong by doing so.

Keeping up on new registrations will also help you maintain a strong trademark, along with making sure no one is using your trademark or symbol.

If you come across someone else using your trademark make sure you have the right attorney for it.

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Can I Still Get a DWI After One Drink?

Too many motorists are surprised to learn that just one drink can mean DWI charges.

If you were to ask drivers what constitutes a DWI in Texas, most would say that you need to have a blood alcohol concentration (BAC) of .08. Many drivers also believe that to get to this level, one must drink at least two drinks. However, that is not always the case. Sometimes, less than that amount can still get drivers charged with a DWI, depending on their own tolerance for alcohol, the police officer’s own discretion during a traffic stop, and even what they have eaten.

Factors That Affect BAC

No one should ever use the standard that having only two drinks will ensure that they do not get charged with DWI. This is because alcohol affects people differently. While one person could have up to three drinks and not be considered legally drunk, another may not even be able to have one.

One main factor that affects this is a person’s weight. The heavier a person is, the more water there is in his or her bloodstream. That causes the alcohol to become more diluted and therefore, lowers that person’s BAC. Due to this, if a smaller person drank even just one drink, it could raise his or her BAC over the legal limit.

Additionally, it is important to consider that the body produces alcohol all the time, and alcoholic drinks are not the only items that contain alcohol. Things such as mouthwash, cough syrup, and even bread, also contain small amounts of alcohol. When the alcohol in these items is combined with even just one drink, it may raise a person’s BAC over the legal limit.

Officer’s Discretion and DWI

During a DWI traffic stop, police officers have a lot of discretion. Even when roadside breath tests show less than 0.08 BAC, the officer can still arrest someone if they believe they are not sober enough to drive.

Breathalyzers are also notoriously unreliable. Not only does their calibration often experience problems, but they also cannot fully detect how much alcohol is in a person’s blood. They can only really estimate. As such, an officer must use the approximate result of the test and their own discretion when determining whether or not a driver is drunk.

In order to secure a conviction for a DWI, the prosecution and the officer must show that the driver was showing signs of intoxication. These signs may include slurred speech, erratic driving, and lack of coordination. If the officer can show that there were these signs, or others, to indicate a person was driving while intoxicated, any charges laid may stand.

Were You Charged with a DUI? Call Our Texas Criminal Defense Lawyers

Although many motorists do not realize it, just one drink is sometimes enough to result in DWI charges. Any time someone is charged with DWI, they should speak to our Austin criminal defense lawyers at Granger and Mueller, PC. We know there are defenses available, and we will use them to help you retain your freedom. Call us today at (512) 474-9999 or contact us online so we can discuss your case.

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