After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your company name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes number of hold-ups; the USPTO might not exactly allow you to use the name you’ve chosen you will be eligible because there is the exact same name already trademarked. In this particular case, you will receive an “office action”, which is often a notification from the USPTO. If you do experience an office action, it may be due to the USPTO simply needing more information in order to complete your trademark application. However, it also may be because your name is blocked by another name, which is the even worst scenario, and another motive it is incredibly important to purchase comprehensive research anyone decide to file for your nick name!
After your name is registered with the USPTO, between years 5-6 when possible file a “Continuous Use Form.” This form conveys to the USPTO which you have been using your trademarked name, and you want to continue to stay small business or to sell your products under that name. Following a 10 year period, you will be required to renew your trademark. It is in order to be aware that some maintenance is involved to keep your trademarked name.
It is recommended every year you commission research on your name. This happens to ensure that there’s no-one to has begun using your clinic’s name since doing initial research on its availability. By continuing to do annual research, you are adding a greater sense of protection for your name and business. It is about you to remain informed on what businesses are using what marks, and how this might affect your own personal business ventures.
Once trademarked, you could take legal recourse if another business has begun using your name. A “cease and desist” letter is a way of conveying to another business that they are infringing upon your trade-name. While you do not require a Online Trademark Assignment fee in India in order to draw up a letter such as this, using a federally registered trademark an individual a greater ability to disallow the use of the name by another. These documents should always be used by an attorney, associated with an individual, as the experience conveys that you take legal recourse against another business. Please communicate with the USPTO directly, a trademark attorney OR a trademark research company if you might have more specific questions about maintaining your trademark!