Proper trademark maintenance

You spent time, effort, and money getting your trademark. Do not let this be for nothing. You must maintain your trademark to ensure your rights remain intact. You must not only use your trademark continuously, but also demonstrate this to the USPTO. You must file a section 8 affidavit of use between the fifth and sixth year after registration. In this affidavit you must attest that you have been using your trademark in commerce for five years continuously on all items in your application and contain a specimen showing this. If you are not using it on some of the items, then they must be disclaimed. You must also file a section 8 affidavit along with a section 9 renewal application between the ninth and tenth year after registration and every ten years after. In addition, a section 15 declaration of incontestability may be filed any time after the five-year mark. This declaration is not mandatory, but will bolster the protection for your trademark. Many choose to file this at the same time as the first section 8 affidavit.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

How to use a trademark

Your trademark is special to you, your brand, and your company. There are several rules of thumb that should be followed to preserve this special status. To maintain a trademark, it is important that the public recognize it is a trademark. This can be accomplished by using generic terms alongside your mark so that people realize your mark is in fact a trademark and not a name for the goods. When placing your trademark on goods or marketing material your trademark should stand out from other text so it is clear that it is separate and different. You may also use the TM ™ symbol to indicate you claim the term as a trademark. Your mark does not have to be registered to use the TM symbol. If your trademark is registered, you can use the registered symbol ® or a statutory notice. The registered symbol cannot be used if your mark is not registered! You worked hard to get your trademark so ensure you are using it correctly and in a way that will not jeopardize its protections.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.