Friday, September 11, 2015

6 Things To Do After You Register A Trademark


It’s been an exciting week at Trust Tree. Ashley Monroe filmed a music video upstairs that included throwing Molotov cocktails off the roof. Our Director of Accounting (and Barbeque), George, is going to be making his famous pork tenderloins for lunch today. And we received a Certificate of Registration for our logo from the U.S. Patent and Trademark Office (USPTO):


When you receive a federal trademark registration, there are 6 things you should do:
1. Docket deadlines
To maintain rights in the registration, the following documents must be filed with the USPTO at specified times:

·         A Declaration of Continued Use or Excusable Nonuse must be filed on or between the fifth anniversary of registration and the sixth anniversary of registration; and
·         A Declaration of Continued Use or Excusable Nonuse and an Application for Renewal must be filed on or between the ninth anniversary of registration and tenth anniversary of registration and during the last year of every ten-year period thereafter.
Failure to file these documents will result in cancellation of the registration. Trademark lawyers (like us) can help you keep track of these deadlines.

2. Use the federal trademark registration symbol
A notice of registration should be displayed with the trademark whenever it is used in connection with the goods or services recited in the registration. This notice may take the form of the words “Registered in the U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or ®. Failure to provide notice could limit the recovery of damages for trademark violations.
3. Watch out for scammers
Private companies not associated with the USPTO often use trademark registration information from the USPTO’s database to mail or email trademark-related solicitations. These private companies use names that resemble the USPTO name, including, for example, the terms “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency.” Their solicitations often mimic the look of official government documents and require “fees” to be paid. These solicitations are scams and have no connection with the USPTO.
Click here for tips on how to avoid getting duped.

4. Watch out for infringers
To preserve your trademark rights, having a registration is not enough. Failure to adequately police the use of a mark can lead to abandonment of the mark. One way to police a mark is to use a watch service to identify potentially conflicting marks. Trademark lawyers (like us) can help you set up a watch service that is tailored to your needs.

5. Record your trademark with U.S. Customs & Border Protection
Federal trademark registrations are eligible for recordation with U.S. Customs & Border Protection (CBP). Recorded trademarks are added to a database that the CBP uses to prevent the importation of goods that infringe registered trademarks.
Trademarks are recorded for a term of 20 years. There is a government filing fee of $190 per international class of goods. We charge an additional $200 to help clients record their trademarks with CBP.
6. Consider foreign trademark protection
If you do business abroad, you can use your U.S. registration as a basis to obtain a registration in foreign countries—for example, under the Madrid Protocol.
The authors at The Root founded Trust Tree to provide low-cost, high-quality trademark services in the most convenient way possible. Through our website at TrustTreeTrademarks.com, we offer federal trademark application packages from $149 for experienced trademark filers to $949 for customers who want the entire filing process done for them. To see a full list of Trust Tree’s services, click here.


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