After you’ve applied to get a trademark, there will be a waiting period of approximately 18 months before your company name is actually registered with the United States Patent & Trademark Office (herein usually the USPTO). Until then, it will be listed as “Pending.” Sometimes utilizing hold-ups; the USPTO will possibly not allow you to use the name you’ve chosen these financing options because there is the same name already trademarked. In this particular case, you will receive an “office action”, which is really a notification from the USPTO. If you do receive 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 reason why it is incredibly in order to purchase comprehensive research a person begin file for your concept!
After your name is registered with the USPTO, distinguish between assignment and transmission of trademark years 5-6 when possible file a “Continuous Use Form.” This form conveys to the USPTO need been using your trademarked name, and you want to continue to stay in 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 to keep your trademarked name.
It is recommended that each year you commission research on your name. Accomplished to ensure that no-one has begun using a message 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 utilising what marks, and how this might affect really own personal business ventures.
Once trademarked, you could take legal recourse if another business has begun formula name. A “cease and desist” letter is a way of conveying to another business that they are infringing upon your trade-name. While you do not want 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 written by an attorney, rather than an individual, as the action conveys that you consider legal recourse against another business. Please communicate an issue USPTO directly, a trademark attorney OR a trademark research company if may more specific questions about maintaining your trademark!