Registration, Maintenance & Enforcement

So, you got your trademark registered. You own it forever, right?  Wrong. The owner of a registered is required to use the mark in interstate commerce (which you will probably do anyway). The owner of the mark must file a Declaration of Continuous Use in the 5th year following registration, and again in 5 more years (along with an Application for Renewal). Both have to be filed every 10 years thereafter. Our firm will track these deadlines to give you piece of mind so that your mark is not considered abandoned by the USPTO.

If a mark holder wishes to give others the right to use the mark for a limited purpose, a properly licensing agreement should be drafted by a trademark attorney to protect the rights of the mark holder.

Even if a trademark owner properly completes the above declarations and renewals, the mark could still be lost if others open and notoriously infringe upon the mark without action by the owner. If you discover that some other person or entity is infringing on your mark, you should immediately contact a trademark attorney for a strongly worded cease and desist letter. More often than not, the letter causes the infringing party to stop their activities immediately.  Trademark owners who write letters themselves tend not to get any results.

Occasionally, a trademark dispute develops that will end up in litigation. Our office is fully prepared to enforce your trademark rights against others, or to defend you should others bring trademark infringement litigation against you. Please call our office for an immediate, free consultation on any trademark litigation issue.

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