Categories
Intellectual Property Trademark Trademark Maintenance

Trademark Maintenance: does trademark registration expire?

Maintaining registration calls for both administrative and executive action.

Administratively, you need to file with the USPTO a showing that you’re still using the mark after 5 years of the registration, and every 10 years, you need to file a request for renewal.

On the business side, you must continue using your mark at all times, even after the registration. This requirement is often overlooked because your staff who handles trademark typically has no saying in continuing/discontinuing a product line.

You need to monitor your registration status and enforce your trademark rights yourself.

Trademark Status and Document Retrieval (TSDR) service offered by the USPTO is a good place to start. The USPTO recommends every trademark applicant to check TSDR regularly.

The USPTO does not enforce registered trademarks for the owners. It’s your obligation to monitor infringing activities in the market and take actions to stop them. Often it involves writing a letter to notify the wrongdoer and ask for compliance/compensation, but you may need to bring a lawsuit if there’s a dispute.

Categories
Intellectual Property TEAS plus Trademark Trademark Application U.S. Trademark

Trademark Registration: do I need to hire an attorney?

Getting a trademark, you can either “do it yourself” or hire a professionals. DIY option describes not only filing directly via TEAS at USPTO.gov but also using commercial services under $100.

Let’s compare these two options.

Do it yourself Professional Help
Mark Your choice of wording and design Likely a better wording and design
Registration online trademark search/registration via your representative
Cost USPTO fees + $100 commercial service fees USPTO fees + up to $2,000 attorney fees + design cost

Trademark registration is not too complicated.

Nonetheless, mistakes can cost your time and money. If you are not going to hire an attorney, you should read and watch everything on USPTO’s Trademark Basics before you proceed. On a side note, even if things go smoothly while registering trademark, lawyers can improve the strength of the registered trademark significantly and designers will give your logo/design a professional look.

USPTO offers an online application form through TEAS (Trademark Electronic Application System).

There are various forms including TEAS plus, TEAS RF (Reduced Fee), and TEAS regular application types. Latter forms are subject to higher fees but offers some flexibility to applicants. Assuming you don’t make any mistake in filling out the form, you can save up to $100 by choosing TEAS plus. TEAS forms are web-based, guided, multi-page forms that anyone can learn the process as-you-go.

Categories
Intellectual Property Trademark U.S. Trademark

When to Register Trademark?

Most clients come to me after their products reached the market. In fact, that’s when you know for sure that your product has the potential to be something. If not, why invest in registering trademark?

Categories
Intellectual Property TEAS plus Trademark Trademark Application U.S. Trademark

$225 to Register a Trademark?

We have discussed the importance of trademark in “Amazon Suggests Branding for All“, and compared good and bad trademarks in “How often do you Google your trademark“. This time, we will learn about how to register a trademark.