After you’ve applied of your trademark, there will be a waiting period of approximately 18 months before your company name is actually registered while using the United States Patent & Trademark Office (herein termed as a the USPTO). Until then, it will be listed as “Pending.” Sometimes you hold-ups; the USPTO perhaps not allow you to make use of the name you’ve chosen entitled to apply for because there is the identical name already trademarked. In this particular case, you will purchase an “office action”, which is often a notification from the USPTO. If you do purchase an office action, it may 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 even worst scenario, and another explanation why it is incredibly vital that purchase comprehensive research for you to file for your name!
After your name is registered with the USPTO, between years 5-6 you will file a “Continuous Use Form.” This form conveys to the USPTO that you have been using your trademarked name, and you choose continue to stay company or to sell goods under that name. Following a 10 year period, you will be required to renew your trademark. It is vital that be aware that some maintenance is involved to keep your trademarked name.
It is recommended that many year you commission research on your name. This happens to ensure that there’s no-one to 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 about you to remain informed on what businesses are using what marks, and how this might affect your individual personal business ventures.
Once trademarked, you could take legal recourse if another business has begun utilizing name. A “cease and desist” letter is a technique 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, using a federally registered trademark renewal application in India an individual a greater ability to disallow the use of one’s name by another. These documents should always be used by an attorney, instead of an individual, as the experience conveys that you are taking legal recourse against another business. Please communicate this USPTO directly, a trademark attorney OR a trademark research company if you might have more specific questions about maintaining your trademark!