trademark after filing

How Can You Maintain Your Trademark After Filing

Online Legal India LogoBy Online Legal India Published On 02 Feb 2023 Category Trademark

How Can You Maintain Your Trademark After Filing

How can you protect the trademark after filing for your company? And what exactly is a trademark? One ultimately needs to go into some complexities in order to get the answers to such queries! The Indian Trademark Act of 1999 provides nationwide protection for anyone's trademark. However, a lot of individuals don't realise that selecting, defending, and using a brand are all actions that follow after trademark registration. The details given below are important for you to be aware of.

Your business name and logo will receive joint law protection for your trademark after filing. This might help if someone uses your trademarks online or if they grow your business, but it might not be helpful if they merely use them locally. Register your trademarks with the USPTO's Office of Trademarks and Patents to give them more thorough national protection (USPTO).

A number of procedures must be followed in order for a trademark to be registered successfully, including extensive application preparation, monitoring, and routine examination. Below is a list of the actions you must take to protect and preserve your brand. Basically, you must defend both your brand and your trademark after filing.

  • Prepare Your Assignment

How do you make your brand stand out? It is vital to identify the unique selling propositions (USPs) of your particular trademark. When two marks are similar and are applied to comparable goods and services, there is frequently a "potential of misunderstanding."

If there is a "feeling of doubt" regarding another registered brand, the USPTO won't register your trademark. Before requesting the federal to protect the trademark after filing, you must do a thorough trademark search to reduce the likelihood that your application will be denied for this reason.

  • Prepare a Trademark Application Before Submitting

You must be prepared to defend your logo, trademark, or brand identification when creating it. The subsequent step is to submit a trademark application via the USPTO's Trademark Electronic Application Service (TEAS) if your trademark search does not resolve any concerns with any pending or registered trademarks.

A "picture" of your mark as it currently appears to be used alone is essential, as is a "specimen" that demonstrates how you employ the effect in your business, such as a label or brochure.

It is also necessary to list the kinds of goods and services for which your mark is used. You must keep in mind that you will only obtain trademark rights for the classes of products or services you list in your application.

  • Quickly React to Any Office Actions or Opposition

If there are any issues or concerns, your trademark registration will be given to a USPTO examining attorney who will analyse it and give you a genuine document called an "Office action." You must react to Office requests as soon as possible because if you don't, your application will be deemed inactive.

After all, concerns have been resolved and notification of your trademark has been published in the Official Gazette, anyone who objects to the trademark application may register an objection. In order to reply to an Office action, you must allay the worries of the USPTO examining attorney.

  • Follow Up On Your Mark

You can start utilising the registered trademark sign as soon as your trademark registration is granted. However, this is not where your attempts to protect your trademarks should end. Even if the USPTO registers trademarks, you are still responsible for using them. Keep a watch on USPTO filings and object to any applications to register trademarks that are almost identical to yours as two ways to defend your brand.

If you find that another business is using a name or emblem that is confusingly similar to your registered trademark, another option is to employ force. Due to your federal trademark registration, you have the legal right to file a lawsuit in federal court if a simple "cease" letter is insufficient to stop an infringer.

  • Keep Up With Your Trademark

Maintenance documents must be filed between the fifth and sixth year following application, the ninth and tenth year following enrolment, and then every ten years after that. Trademark registrations have a ten-year lifespan and are renewable for additional ten-year periods. Your trademark registration will be cancelled if you miss a deadline.

You can get a registered trademark by finishing a thorough investigation and assembling a compelling application. Once your brand has been registered, keep an eye on it and complete maintenance forms to ensure that your business's laboriously acquired trademark protection is maintained.

  • Be Wary of Con Artists

Numerous cybersquatters are standing by, ready to extort large sums of money from mark owners. Along with this online annoyance, there is a tonne of scammers that pretend to be representatives of trademark offices where someone may have registered a trademark and send unwanted emails to unrelated parties.

However, con artists use questionable communication techniques in an effort to get the owner to divulge personal information and trade secrets. As a result, it's imperative to watch out for such dishonest entries. Another typical strategy employed by trademark offices to publicise their organisations is open advertising.

It is feasible to draw the conclusion that registration entails both a maintenance need and a set of privileges. The genuine trademark lifetime does not start until after it has been registered since it demands continual management, strategic resource allocation, and careful attention to prevent unfair competition. One should give the aforementioned factors careful consideration if they are to maximise their mark.

We suggest that you get professional help if you determine that you need it. Get in contact with the legal professionals at Online Legal India if you require any assistance with trademark registration and maintain your trademark after filing in India. You'll find things easier thanks to our team.

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