If you are successfully able to register your United States federal trademark, you have navigated the trickiest part of the trademark process. However, you are not completely out of the woods. Simply because you register a trademark does not mean that it will remain valid and enforceable forever. For your trademark registration to remain valid or active, you must show the United States Trademark office that you have continued to use the mark in commerce after registration.
Continue reading “Requirements to Maintain US Federal Trademark Registration”
You are probably familiar with two small symbols commonly displayed after the use of a U.S. trademark, the ® and the ™ symbols. But you may wonder what the difference between them is. These two symbols indicate that the owner of a mark is asserting trademark rights in connection with the mark. These “trademark” symbols are intended as notice or a warning to third parties regarding the type of rights that accompany a mark.
Your business plan is set. You’ve thought long and hard about what your business name should be. Now you’re ready to trademark your business name. You begin your
Clients often ask if they can file for a trademark registration before they actually use their mark in commerce. The question usually comes up when they realize the way they have been using their mark may not technically constitute trademark usage. The short answer to this question is yes. Under the U.S. Trademark Act, Section 1(b) (i.e., 15 U.S.C. 1051(b)), it is permissible to file a trademark registration application before actually using a mark.