6 Tips: What To Do After Filing A Trademark Application
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Table of contents
- Tip 1: Rethink the importance of trademark registration
- Tip 2: Submit "based on prior use" documentation
- Tip 3: Address opposition concerns
- Tip 4: Remember your trademark renewal dates
- Tip 5: Use the correct trademark symbols
- Tip 6: File a timely statement of use or extension request
- Lastly, monitor new trademark filings
Trademark registration is essential for safeguarding your brand and maintaining a competitive edge. In this article, we’ll discuss what to do after filing a trademark application.
Let’s start with (perhaps it’s not exactly a tip) our first point answering the question of:
“Why is trademark registration so important?”
Tip 1: Rethink the importance of trademark registration
Trademark registration in the USA is a legal foundation for protecting your brand identity, including distinctive logos and trademarks. Trademark registration provides a solid foundation for:
- brand protection
- brand recognition
- trademark expansion
- market differentiation
By registering your mark with the appropriate authorities, such as the United States Patent and Trademark Office (USPTO), you gain exclusive rights to use and protect your mark in connection with your goods or services.
Inadvertently infringing on another trademark
This is important — if you accidentally step on someone else's toes by using a similar mark to an existing registered trademark, that's called trademark infringement. And let me tell you, it can lead to some serious legal trouble and damage to your brand's reputation. So, before you launch your brand, do your homework!
Protecting logos and ensuring brand integrity
Logos play a significant role in brand recognition, making their registration equally important. Registering your logos as trademarks establishes exclusive ownership and significantly reduces the risk of infringement. Logos registration complements trademark protection, strengthening your business trademark overall brand integrity.
Tip 2: Submit "based on prior use" documentation
If your trademark application for federal registration is based on prior use, you must ensure all necessary documentation is submitted to the USPTO. This includes specimens of how your mark is currently being used in commerce. Failure to provide the required evidence can lead to delays or even denial of your registration.
Be diligent in submitting accurate and compelling proof of your mark's use.
Tip 3: Address opposition concerns
Once you've filed your trademark application, the United States Patent and Trademark Office (USPTO) will examine it for compliance. One significant milestone in the trademark trial process is when the USPTO publishes your mark for opposition. Promptly address any concerns that may arise during this stage to safeguard your brand's future.
Applicant's response fails to overcome all objections
Sometimes, the USPTO might raise some concerns or objections about your trademark application during the examination process. It happens! But here's the deal — your response must be strong enough to overcome all those objections. If it falls short, don't stress! Reach out to a trademark attorney to get some expert advice.
Tip 4: Remember your trademark renewal dates
Alright, here's something you don't wanna forget — your trademark renewal dates! Once your trademark is registered, it's not a set-it-and-forget-it thing. You've got to renew it periodically to keep that protection going strong.
If you miss those renewal deadlines, uh-oh, you risk losing your trademark rights. So, mark those dates on your calendar or set up reminders to make sure you file those necessary documents on time.
Tip 5: Use the correct trademark symbols
Properly indicating trademark rights enhances brand recognition and legal protection. It's recommended to use the ® symbol for registered trademarks and the ™ symbol for unregistered trademarks. Displaying these symbols consistently and prominently with your mark reinforces your rights and deters potential infringers.
Tip 6: File a timely statement of use or extension request
So, after you've filed your trademark application, there's a crucial step you need to take. You have to file a timely statement of use or request an extension.
This shows the Federal Court and the United States Patent and Trademark Office (USPTO) that you're actually using your mark in business. It's super important because your application could get tossed aside if you don't do this within the specified time.
Notice of allowance issues for applications based on an intent to use the mark
For applications filed based on an intent to use the mark, you'll receive a Notice of Allowance from the USPTO. This allows you a limited time to either submit a Statement of Use or request an extension of the filing fee.
Failing to meet these deadlines can result in abandonment of your application. Stay attentive to these timelines and ensure timely action to advance your trademark registration.
USPTO reviews statement of use
Once you've submitted your statement of use or extension request, it's time for the USPTO to do its thing. They'll closely examine your documentation to ensure your mark is being used correctly for the specified goods or services.
They want to see that you're serious. So, make sure your evidence is solid and shows you're using your trademark specimen using it the right way. That way, you can avoid any hiccups or delays in the registration process.
Lastly, monitor new trademark filings
You must stay vigilant about new trademark applications to protect your brand against potential conflicts or infringement. Regularly search the USPTO's database for trademark registrations of any marks that may be similar or confusingly similar to yours.
If you discover applications that could harm your brand's distinctiveness, consult a trademark lawyer to determine the appropriate course of action.
What happens after you file a trademark application?
Your application receives a serial number and a trademark examining attorney after you submit your initial application and fee. The examining attorney will examine it to ensure that it satisfies all legal criteria and that your trademark is registrable.
How long does it take for a trademark to be approved?
It typically takes 12 to 18 months for your trademark to be approved.
Can I use my trademark while it's pending?
The registration symbol cannot be used until the mark has been registered, even if an application is still pending. Only items or services covered by the federal trademark registration should display the federal registration emblem.
How do I know if my trademark is approved?
Using the Trademark Status and Document Retrieval (TSDR) system, you may always check the status of your application online.
Can you use a trademark before approval?
The registered trademark symbol (®) can only be used once the trademark has been officially approved and registered by the United States Patent and Trademark Office (USPTO). Until then, applicants should refrain from using the symbol.
However, it's important to note that you can still use the trademark itself, just not the symbol while waiting for official approval from the USPTO.
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Lindokuhle Mkhize, a skilled creative copywriter and content lead at Trademarkia, brings a wealth of experience in driving innovation and managing teams. With previous success in starting and growing the Innovation and Marketing department at her former creative agency, Lindokuhle boasts expertise in leadership and delivering compelling content. Based in South Africa, Lindokuhle's work focuses on key themes of creativity, effective communication, and strategic marketing.
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