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Are you maintaining your trademark now that it’s registered?

Posted by Invention101 on February 14, 2017 in Welcome to All About Inventing! |

After the mark registers on the Principal Register at the USPTO, you are required to maintain that trademark.

Hopefully, this is not news to you if you’re a trademark owner!  The beauty of trademark protection is trademarks last as long as you use them and maintain them. Once you get a trademark registration, it’s up to you to keep it LIVE. So, what does that mean? That means maintaining. Also, it’s important to enforce your mark!  Don’t  just sit back and allow other people to use your name – ACT on it! Be sure to consult with a qualified Trademark Attorney before you start drafting those cease and desist letters, for example, because  because you don’t want to jeopardize your rights.

Also, it is important to  file post-registration documents. They need to be filed timely. Between the fifth and sixth year after you get a Federal registration, you’re required file documents at the USPTO to let them know that you have continuously used that trademark and to let them you are still using the mark. Now, the key words are “continuous use!” Don’t try to get a trademark and then use it, stop using it for a couple of years and then use it again.  OH MY!

Trademark use needs to be continuous and not intermittent use.

 

Also, between that fifth and sixth year period, you can actually make your mark incontestable!  That’s right!  So, after you obtain a federal registration with the USPTO, calendar maintenance dates to ensure you don’t miss them!

 

What tools are you using to ensure you maintain your federal trademark?

 

 

 

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