Introduction
A trademark is a sign or term that distinguishes the origin of a goods or service. Trademark rights prevent others from using particular brand names, logos, and slogans in ways that may mislead customers. When you apply for trademark with the United States Patent and Trademark Office (USPTO), it will appear on their website as well as in their official “Trademark Gazette” magazine.
You will have some legal advantages if you file a trademark with the USPTO. A registered trademark notifies everyone that your mark has already been taken, and it might assist you in bringing an infringement claim if your trademark is violated.
If your company grows, you should consider registering your trademark with the federal government to provide countrywide protection.
After you have registered your trademark, you may utilise it to protect your brand as you grow into new markets and company locations. However, like with any sort of intellectual property protection, there are some limitations to how far it may go:
Your trademark registration only protects the items and services stated in your application; if you add any additional subsequently, the initial registration will not cover them. If a third party challenges your right to use a word or phrase as a mark for one of these items, you must demonstrate that it is distinctive enough for consumers to recognise it as an indicator of origin for a specific good or service—only then will they be able to protect their rights over it in court. This may soon become costly and difficult!
Businesses wanting a federal registration must first submit a “intent-to-use” application, which reserves the mark in your name while you work on completing all conditions for properly registering it later.
Businesses wanting a federal registration must first submit a “intent-to-use” application, which reserves the mark in your name while you work on completing all conditions for properly registering it later.
A brand must be unique in order to be eligible for trademark protection, and this may be established in two ways: via use or through intent to use. The first stage is to select whether you will seek trademark protection based on actual use (actual use) or on intent-to-use (ITU) as opposed to using someone else’s mark without permission.
Even if others use similar marks with distinct services or commodities, they are not considered infringing until they are utilised with items or services identical to yours.
When you decide to register brand name for your company, keep in mind that your trademark will only be protected if the customer links it with your specific product or service. Even if others use similar marks with distinct services or commodities, they are not considered infringing until they are utilised with items or services identical to yours. In other words, the trademark owner must demonstrate that the public is likely to infer that the two parties are associated due to their comparable marks.
When a trademark is properly used in commerce, the owner acquires certain rights that can be enforced against those who use it.
Among these rights are:
The right to forbid others from using a confusingly similar mark on or in connection with comparable products or services.
The right to restrict others from using your mark if they are likely to confuse the source of the products or services (like if someone else is selling “Pink Poodle” brand dog treats)
Trademark Enforcement
You can assert your trademark rights by bringing a trademark infringement lawsuit against the person or company that is using your trademark without your consent. To win the litigation, you must demonstrate that the defendant utilised your trademark in commerce and did so in a way that caused consumer confusion. If you are successful, you may be able to recover damages and get an injunction against people who violate your rights.
If you feel someone is infringing on your trademarks, you should move quickly and call an attorney who can assist you with the process of asserting your trademark rights.
As previously stated, rights are first gained by utilising a trademark in commerce. If someone uses your trademark or something confusingly similar to your brand name, marketing materials, or product packaging without your permission, you have the right to sue them in federal district court or, in some cases, the International Trade Commission (ITC) if they are importing infringing products into the United States.
You may be entitled to collect lawyers’ fees and court expenses, as well as extra damages of up to $100 per day (up to $1 million) for willful infringement, in addition to suing for damages and an injunction to prevent the infringing party from continuing their activity.
Infringement of a registered mark can also be halted by initiating an opposition case with the USPTO during the application process or after a registration has been issued.
The owner of a registered mark, like the owner of a not-yet-registered mark, can halt infringement by filing an objection proceeding with the USPTO during the US trademark application process or by initiating a cancellation case after a registration has been issued.
Trademark rights do not last indefinitely.
Trademark rights do not last forever; they are only valid for a limited period, based on a variety of conditions.
First and foremost, you must ensure that your mark rights are protected. This is only possible if you use your trademark appropriately and regularly. If you do not use it, or if someone else begins to use it instead (even if they believe yours is already taken), you may lose your mark protection before you realise it. For example, if I begin selling handmade goods under the name “Handmade Crafts by Anna” but discontinue doing so after a few weeks because I became tired with producing them, someone else may claim ownership of the trademark “Handmade Crafts by Anna” since they used it regularly while I did not. This means they may sue me if I tried to sell something under the same name in the future!
Trademark rights also expire after ten years unless renewed within that time frame – for example, if my company was founded in 2009 and its registration expired at the end of 2015 with no renewal application filed, then technically anyone could begin selling “Handmade Crafts By Anna” products without fear of legal action from me (if someone did).
Conclusion
USPTO Trademark filing is one of the most important instruments for safeguarding your brand. However, keep in mind that they do not stay forever and must be renewed on a regular basis to ensure that you retain ownership of your mark. The United States Patent and Trademark Office (USPTO) requires federal and state registrations to be renewed every ten years. If you’re not sure if now is the correct time to file an application, or if you need help with other areas of trademark protection, such as filing notifications of intent or checking registries throughout the world, please contact us at [email protected].
