After you’ve applied for your special trademark, there will certainly waiting period of approximately 18 months before your is actually registered with the United States Patent & Trademark Office (herein termed as a the USPTO). Until then, it will be listed as “Pending.” Sometimes there are hold-ups; the USPTO probably doesn’t allow you to use the name you’ve chosen to apply for because there is the exact same name already trademarked. In this case, you will receive an “office action”, which is a notification from the USPTO. If you do recieve an office action, it might be 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 explanation why it is incredibly important to 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 that you have been using your trademarked name, and you shall continue to stay small business or to sell your products under that name. Following a 10 year period, you will be required to renew your trademark. It is in order to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended each and every year you commission research on your name. This is successfully done to ensure that 1 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 can be you to remain informed on what businesses are using what marks, and how this might affect your individual personal business ventures.
Once trademarked, you can take legal recourse if another business has begun cooking with your name. A “cease and desist” letter is a technique online renewal of trademark in india conveying to another business that they are infringing upon your trade-name. While you do not want a trademark in order to draw up a letter such as this, having a federally registered trademark provides you a greater ability to disallow the use of one’s name by another. These documents should always be drafted by an attorney, as compared to an individual, as the action conveys that you are taking legal recourse against another business. Please communicate at a time USPTO directly, a trademark attorney OR a trademark research company if you have more specific questions about maintaining your trademark!