Trademark Thoughts with Tiffany™: After Registration

Congratulations, your mark is registered! That’s a real milestone, but trademark ownership is ongoing. Here’s what comes next.

Keep your registration alive.

Registrations don’t last forever without action. Generally, you must file maintenance documents between the fifth and sixth year after registration, and again at ten years, then every ten years after that. Missing these windows can lead to cancellation of your registration. Put the dates on your calendar or ask your attorney to track them.

Keep using the mark.

Trademark rights depend on use. A mark that is abandoned can lose protection, so continue using it in commerce.

Use it correctly.

Use your mark as an adjective rather than a noun or verb, keep it consistent, and use ® only once registered and only in connection with the goods and services listed.

Monitor for infringement.

Owning a trademark doesn’t mean the USPTO polices it for you. It’s up to you to notice when others are using confusingly similar names. Regular checks of the register, marketplaces, and social media can help. Consider a watch service as your brand grows.

Respond thoughtfully to problems.

When you find a conflict, the right move depends on the facts. Sometimes a friendly letter is enough, and sometimes it isn’t Avoid public accusations until you’ve talked to counsel.

Beware of misleading notices.

After you file, your information becomes public, and many owners receive official-looking mail or emails from private companies offering registration services, monitoring, or “renewals” for fees. Before paying anyone, check whether it’s actually from the USPTO. Official emails come from a uspto.gov adress.

Need help with maintenance or enforcement?

VirtuEdge Legal can help you keep your brand protected long after registration. Set up a time to chat about your situation today.

This is general education and is not intended to be legal advice. For advice on your specific situation, consult with a licensed attorney.