After you’ve applied to get a trademark, there will become a waiting period of approximately 18 months before your business is actually registered but now United States Patent & Trademark Office (herein usually the USPTO). Until then, it will be listed as “Pending.” Sometimes number of hold-ups; the USPTO will possibly not allow you to use the name you’ve chosen you will be eligible because there is the exact same name already trademarked. In this case, you will get 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 motive it is incredibly vital that purchase comprehensive research before you file for your call!
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 which you’ve been using your trademarked name, and you prefer to continue to stay enterprise or to sell your product under that name. After a 10 year period, you’ll be required to renew your trademark. It is in order to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended that each year you commission research on your name. Place to ensure that no-one can has begun using your company name since doing initial research on its availability. By continuing to do annual research, you are adding a greater sense Transfer of Trademark Rights in India protection for your name and business. It can be you to remain informed on what businesses are choosing what marks, and how this might affect individual personal business ventures.
Once trademarked, you may take legal recourse if another business has begun using your name. A “cease and desist” letter is an opportunity of conveying to another business that they are infringing upon your trade-name. While you do n’t need a trademark in order to draw up document from boehner such as this, having a federally registered trademark provides you a greater ability to disallow the use of the name by another. These documents should always be drawn up by an attorney, associated with an individual, as the action conveys that you take legal recourse against another business. Please communicate with the USPTO directly, a trademark attorney OR a trademark research company if you have more specific questions about maintaining your trademark!