6 Ways to Maintain Your Trademark After Filing
12 Dec 2022
Trademark registration is essential; it dispenses a unique identity to a company it allures the required consumers towards the organisation. Trademarks carry specific standards and quality of the company and pinpoint the product's benefits that compel consumers easily.
Registering a trademark impedes others from using it, preventing consumers from being confused about the goods. It also ameliorates the company's acknowledgement, albeit it brings undemanding financial benefits.
Learn how to protect your brand ?
The Indian Trademark Act of 1999 protects the trademark nationally and is administered by the trademark registry. The registry acts as a resource, information centre, and facilitator in India's trademark matters. Indians are still uninformed about selecting, defending and choosing a brand are all required steps after registering a trademark.
Your company name and logo will be protected as joint law trademarks as soon as you file for registration. It will benefit if someone extends your company or uses your trademarks registration online, but it may not be helpful if they use them locally.
Register your trademarks with the USPTO - Office of Trademarks and Patents - for more comprehensive national protection (USPTO). A thorough application, follow-up, and regular examination are all required procedures for successful trademark registration online. Essentially, your brand and trademarks must be protected. You must follow the following guidelines to protect and maintain your brand.
Prepare and Submit a Trademark Application:
When creating one, you must be prepared to safeguard your logo, trademark, or brand identification. If your trademark search reveals no problems with any pending or registered trademarks, the next step is to file a trademark application using the USPTO's Trademark Electronic Application Service (TEAS).
It is critical to have a "picture" of your mark as it stands alone, as well as a "specimen," such as a label or brochure, that demonstrates how you employ the impact in your business.
Specifying the types of goods and services for which your mark is used is also necessary. It is critical to understand that you will only obtain trademark rights for the categories of goods or services described in your application.
Take Action On Your Mark:
You can begin utilising the registered trademark sign once your trademark registration is approved. However, your attempts to protect your trademarks should continue. Even though the USPTO registers trademarks, you are in charge of using them. Two tactics to safeguard your brand are to keep an eye on USPTO filings and object to any applications to register trademarks almost identical to yours. Another option is to employ force if another company uses a name or emblem that is confusingly close to your registered brand. If a simple "cease" letter does not deter an infringer, you have the legal right to sue in federal court due to your federal trademark registration.
Maintain Your Trademark:
Trademark registrations in India are valid for ten years and can be renewed for ten years. Your trademark registration will be cancelled unless you remember the last date. You can obtain a registered trademark by conducting significant research and putting together a compelling application. Once your brand has been registered, you must monitor it and complete maintenance documentation to maintain your company's hard-won trademark protection. Maintenance papers must be filed between the fifth and sixth years after application, the ninth and tenth years after enrollment, and then every ten years after that.
Be Wary of Con Artists:
Many cybersquatters are standing by, ready to demand large sums of money from mark owners. Along with this digital annoyance, the internet is infested with con artists that send unsolicited emails to unconnected parties while impersonating representatives of a trademark office where a trademark may have been registered. Con artists, on the other hand, use dubious communication tactics to elicit private information and trade secrets from the owner. As a result, it's vital to keep an eye out for such dishonest entries. Another typical strategy trademark offices use to promote their organisations to the public is open advertisements.
The genuine trademark lifetime begins once registered since it demands continuing oversight and deliberate resource and attention allocation to avoid giving third parties an unfair advantage. As a result, registration entails both a maintenance need and a set of rights. To maximise one's grade, the aforementioned factors should be carefully considered. We recommend that you get professional help if you decide you need it. If you require assistance with trademark registration in India, contact the legal specialists at Lawgicalindia. Our team will make your life easy.