It all started with a notion for a trademark designed specifically for what is at hand. Then the motion began having searched, trademarks, and designs, completing the registration; finally the work has paid off. Trademark is launched. The best advice you will receive from ip law firms.
This is only the beginning of the battle; one must maintain the trademark past the federal trademark registration level. Below are a few key issues and brief discussion regarding the “how to” maintenance of a trademark.
be vigilant about protecting the trademark. This allows one to effectively enforce the trademark. Solid ideas in keeping the misuse, infringement, and of course the protected status of the trademark. Another perk is that it can also be used to search the Internet to see if one’s trademark is out there in cyberspace being used unethically. The more recognized brand the easier this is to maintain.
- Using the mark through e-commerce is a necessary start. Competitors may seek to cancel if unused.
- Keep others from using the trademark without consent, and improperly
- Look into a watchdog service.
- Annual documentation will need to periodically fill out to maintain the trademark.
Action must be taken when this occurs. There are two choices to be made one is to file an opposition with BOIP or with courts. One’s registration is the best defense and offense when it comes to this situation. There is a time period that must be abided by for filing the opposition. The standard time is two months from the publishing of the trademark (infringed) filing this is a reasonable solution to solving the trademark misuse, or infringement and also keeps it from heading to the courts. However, a court may ban the infringing trademark.
- Renew Trademark:
One’s trademark is valid for ten years to include from the filing date. The trademark is also available for a succession of ten-year intervals, and therefore in theory it can be protected forever. It is vital that the trademark be renewed so pay attention to the reminders. This responsibility falls upon the trademark user. If the expiration expires please be aware that there may be an additional fee required in refilling.
One thing to remember as well if the trademark is not circulated or used with in a five-year period it will revoke. Changes to trademark, i.e. change of address, and need to be done separately. Check about international, and community trademarks as alternatives. If a brand trademark hits the mark and becomes well known then it then becomes eligible for what is known as “famous” mark. While the famous marks come with a set of private privileges, it also comes with a much bigger problem maintaining the trademark status. Achieving the right balance is the key to keeping the brand trademark as productive as possible.