After you’ve applied to get a trademark, there will be a waiting period Transfer of Trademark Rights in India approximately 18 months before your name is actually registered but now United States Patent & Trademark Office (herein recognized as the USPTO). Until then, it will be listed as “Pending.” Sometimes number of hold-ups; the USPTO perhaps not allow you to make use of the name you’ve chosen entitled to apply for because there is the same name already trademarked. In this case, you will get an “office action”, which is often a notification from the USPTO. If you do get an office action, it may 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 belief that it is incredibly important to purchase comprehensive research a person begin file for your call!
After your name is registered with the USPTO, between years 5-6 when possible file a “Continuous Use Form.” This form conveys to the USPTO which you have been using your trademarked name, and you want to continue to stay in business or to sell goods 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 maintaining your trademarked name.
It is recommended that each year you commission research on your name. This is done to ensure that 1 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 will take legal recourse if another business has begun together with your name. A “cease and desist” letter is simple 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, using a federally registered trademark provides you a greater ability to disallow the use of your name by another. These documents should always be selected by an attorney, rather than an individual, as the action conveys that you consider legal recourse against another business. Please communicate at a time USPTO directly, a trademark attorney OR a trademark research company if you’ve more specific questions about maintaining your trademark!