Obtaining a Certificate of Registration for your trademark can signify a “job well done” and create a feeling of satisfaction. However, the work is not done. After your trademark is registered, like any other business asset, your trademark needs maintenance, nurturing, and protection. Experienced trademark attorneys — like those at Revision Legal — can help with these tasks. Call us at 231-714-0100 or 855-473-8474. If you are searching for “the best trademark attorneys,” call us. Here are the top mistakes to avoid after you have successfully registered your trademark.
1. Failing to use your trademark.
To be valid and to maintain your trademark, the trademark must be used in commerce. That is, the trademark must be placed on products, packaging, advertising, websites, letterhead, etc. Failure to actually use your trademark will lead to loss of registration and any legal protection that is provided by trademark law.
2. Failing to use your trademark consistently.
It is also potentially fatal to your trademark rights to use your trademark infrequently and inconsistently. In simple terms, you must use the trademark as it was registered. In other words, you cannot use something that looks similar to your trademark; you must use your trademark as registered. For example, for a design logo, you cannot remove an element, add an element, change the color scheme, etc.
3. Failing to police against infringement of your trademark.
If others attempt to use your registered trademark or attempt to use a confusingly similar trademark, you must take practical and legal steps to protect your trademark. This means sending a demand letter and starting litigation — if necessary — to prevent infringement. Even if you do not start litigation, it is still important to take active steps — and document those steps — because, at some point, you may be faced with proving that you did not abandon your trademark rights. This can happen, for example, if you let your trademark become a common generic name for some product or service among the consuming public. This is called trademark genericide. The trademark ZIPPER is a good example. It was registered, but the owners failed to police its use. Eventually, zipper just became a commonly used word for a type of fastening device. GOOGLE is in danger of this, and already, some efforts have been made to claim that GOOGLE is no longer a trademark. However, the owners of the GOOGLE trademark have been very careful to defend their trademark and have plenty of evidence to prove that.
4. Failing to maintain your registration status and pay renewal fees
Between the fifth and sixth year anniversary of your trademark registration, you must renew your registration and prove that you have been using your trademark in commerce. There are also new fees to be paid. Then, about every 10 years, you have to renew again. Failure to maintain and renew your registration status will cause the loss of your registration.
Contact the Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
