After you’ve applied to get a trademark, there will certainly waiting period of approximately 18 months before your business is actually registered one United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes you hold-ups; the USPTO perhaps not allow you to make use of the name you’ve chosen you’re because there is the identical name already trademarked. In this particular case, you will experience an “office action”, which is 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 worst scenario, and another explanation why it is incredibly vital that purchase comprehensive research anyone decide to file for your name!
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 that you have been using your trademarked name, and you want to continue to stay small business or to sell your products under that name. Following a 10 year period, you will 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 many year you commission research on your name. This is successfully done 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 can be you to remain informed on what businesses are choosing what marks, and how this might affect your own personal personal business ventures.
Once trademarked, you usually takes legal recourse if another business has begun together with your name. A “cease and desist” letter is a way 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 a letter such as this, working with a federally registered trademark gives you a greater ability to disallow the use of your name by another. These documents should always be drafted by an attorney, associated with an individual, as the action conveys that you consider legal recourse against another business. Please communicate an issue USPTO directly, a Online Trademark Transfer agreement in India attorney OR a trademark research company if you have more specific questions about maintaining your trademark!