After you’ve applied to get a trademark, there will become a waiting period of approximately 18 months before your company name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes utilizing hold-ups; the USPTO will possibly not allow you to make use of the name you’ve chosen entitled to apply for because there is a similar 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 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 even worst scenario, and another reason why it is incredibly in order to purchase comprehensive research a person begin file procedure for assignment of Trademark in India 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’ve been using your trademarked name, and you choose continue to stay in business or to sell your product under that name. After a 10 year period, you will be required to renew your trademark. It is important to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended each and every year you commission research on your name. Accomplished to ensure that no-one has begun using your name 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 is about you to remain informed on what businesses choose what marks, and how this might affect your individual personal business ventures.
Once trademarked, you will take legal recourse if another business has begun utilizing name. A “cease and desist” letter is a technique of conveying to another business that they are infringing upon your trade-name. While you do not need a trademark in order to draw up a letter such as this, working with a federally registered trademark gives you a greater ability to disallow the use of one’s name by another. These documents should always be selected by an attorney, instead of an individual, as the action conveys that you consider legal recourse against another business. Please communicate with the USPTO directly, a trademark attorney OR a trademark research company if have got more specific questions about maintaining your trademark!