In this article, you will discover:
- What to do once a mark is approved
- Facts about registering trademarks
- When an attorney should be involved and how they can help
- Common mistakes
The next step is to start using the trademark registration symbol. That way, you put the public on notice that your mark is registered federally and protected. Also, make sure that people do not misuse your mark and make it generic. That is one of the ways that your mark loses its trademark rights. One way to make a term generic is to use it as a verb rather than a noun. So, for example, Xerox has become a generic term because many people say, “Let me xerox this document.” Using the trademark in a fashion that is a verb rather than a noun makes it generic. Finally, as I mentioned before, monitor any infringement and enforce against it to maintain your trademark rights strong.
What Makes A Trademark Valid?
Trademark rights in the United States are created by using the trademark, not necessarily by the registration of it. Use of the trademark without registration creates common law rights. The benefit of common law rights is that they do not require registration; however, they do have their limitations. Registrability is evaluated on a case-by-case basis. Therefore, if your mark meets the filing criteria, I would definitely recommend registering it because it maximizes protection.
Revisiting A Trademark After Having It Approved
You must file a declaration of use for your mark five (5) years after registration. After that, you only have to renew your trademark every ten (10) years from the date of your registration.
What The Client Attorney Relationship Generally Looks Like?
My clients are business owners, so we have a continual relationship. I assist them with their trademarks, contracts, and the buying and selling of other businesses, amongst many other things. Most business owners tend to have more than one business, therefore I usually assist them with the registrations of all their business trademarks. I try to be a very strong resource for my clients. So even if it is something that is not necessarily in my wheelhouse, I try to connect them with the best professional of whatever specialty they need.
The Best Time To Hire An Attorney Or Get An Attorney Involved In Trademark Plans
It cannot be too early to hire an attorney for a trademark. An attorney can help you even before your mark even exists by guiding you on what your mark should and should not consist of. This will save the client money by avoiding them having to go back to the person designing the logo over and over. Not only that, most of the time, once you have your logo, the first thing you do is you print marketing materials, which will be wasted money if the mark is rejected.
Major Pitfalls Or Issues People Run Into When They’re Applying, Maintaining, Or Registering Their Trademark On Their Own Or With The Wrong Attorney
Filing the marks that are not registerable or that are going to be rejected for a likelihood of confusion is a major pitfall. Many people think that by simply going on the USPTO website and typing in the name of their trademark in the search database, and checking to see if another mark exists there, that that is sufficient for a trademark search, and it’s not. The USPTO examining attorneys do not just look at the exact trademark you are registering; they look at anything that is confusingly similar. That can be very subjective and very broad. In our reports, we evaluate what could be considered under that realm of confusingly similar, based on our years of experience. Most individuals who do not have this experience do not know what to look for.
Since there are so many options at the time of filing the application, many people make simple mistakes. If you do not handle trademarks regularly, it is easy to make a mistake, and that can cause your application to be delayed, rejected, and cost you money in the long run.
For more information on Trademark Law In Florida, an initial consultation is your next best step. Get the information and legal answers you seek by calling (305) 912-4247 today.
Call Now For A Consultation