It’s official. You registered your trademark with the United States Patent and Trademark Office (USPTO) and changed your mark from ™ to ®. Your trademark is now publicly listed in the Trademark Status & Document Retrieval (TSDR). However, it is important to remember that registering your trademark is only one of the several steps you should take to protect and maintain the legal rights associated with your registered trademark.
According to the USPTO, there are 3 key steps to maintaining your registration:
- Continue to use your trademark in interstate commerce. Maintaining an active registration requires you to use your trademark in interstate commerce. You must periodically demonstrate to the USPTO that you are still using your trademark. This is usually done by submitting photos of the trademark being used on your products or website.
- File your registration maintenance documents with the USPTO and pay any applicable fees in a timely manner. The USPTO requires trademark holders to file Declarations of Use on periodic intervals. The first maintenance document must be filed between the fifth and sixth years after the initial registration date. The next maintenance document must be filed between the ninth and tenth years after the initial registration date. All subsequent maintenance documents beyond that should be filed every ten years. For more information, see the USPTO Maintenance Forms filing requirements.
- Make sure your contact information is updated on the USPTO website. The USPTO communicates important notices and maintenance reminders to registered trademark holders via e-mail, so be sure to review your account periodically to ensure your information is current.
Frequently Asked Questions (FAQ)
What if I am no longer using my trademark with the good(s) or service(s) in my registration?
If you are no longer using your trademark with one or more goods or services in your registration, you should file a Section 7 request to delete them from your registration.
Take preventive measures to avoid future trademark problems.
Don’t let your trademark fall victim to “genericization.” A trademark can become generic if the public starts to refer to your trademarked name as a generic term.
Enforce your Trademark Rights.
You should continually police and enforce your rights throughout the life of your trademark registration. Although the USPTO maintains its registry to provide public notice of your trademark, it is still ultimately your responsibility to regularly check up on new trademark filings and to file objections to pending trademarks.
Beware of Trademark Scams.
All official correspondence regarding your trademark registration will come from the USPTO. If you receive communication about your trademark from anyone other than the USPTO, contact a trusted attorney before taking any further action. Your attorney can review any communications that seem suspicious and provide you with informed advice on how you should proceed.
When in Doubt, Contact an Attorney.
If you haven’t done so already, hire an experienced attorney who can guide you through the trademark maintenance process. Your attorney can help you stay informed of your trademark registration status and ensure that all the applicable paperwork is filed correctly and in a timely manner.
By: Alexa Gorman, Law Clerk
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