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.