After you’ve applied for your trademark, there will unquestionably be a waiting period of approximately 18 months before your business is actually registered one United States Patent & Trademark Office (herein usually the USPTO). Until then, it will be listed as “Pending.” Sometimes number of hold-ups; the USPTO may not allow you to make use of the name you’ve chosen you’re because there is a similar name already trademarked. In this particular case, you will get an “office action”, which is often a notification from the USPTO. If you do recieve an office action, it may 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 for the worst situation scenario, and another reasons why it is incredibly in order to purchase comprehensive research before you file for your heading!
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 not been using your trademarked name, and you intend to continue to stay in business or to sell goods under that name. After a 10 year period, you will be required to renew your trademark. It is in order to be aware that some maintenance is involved to keep your trademarked name.
It is recommended that each year you commission research on your name. This is successfully done to ensure that no one 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 perfectly up to you to remain informed on what businesses are utilising what marks, and how this might affect individual personal business ventures.
Once trademarked, you could take legal recourse if another business has begun formula name. A “cease and desist” letter is simple of conveying to another business that they are infringing upon your trade-name. While you do not require a trademark in order to draw up document from boehner such as this, working with a federally registered trademark offers you a greater ability to disallow the use of the name by another. These documents should always be drafted by an attorney, regarding an individual, as the action conveys that you take legal recourse against another business. Please communicate an issue USPTO directly, a trademark renewal online attorney OR a trademark research company if you might have more specific questions about maintaining your trademark!