What steps should I take to protect my company's trademark?
To protect your company's trademark, you should take the following steps:
- Conduct a trademark search: Before you adopt and start using a trademark, it is important to conduct a comprehensive search to ensure that the mark is available and does not infringe on any pre-existing trademark. A trademark search involves searching the U.S. Patent and Trademark Office's online database, as well as other publicly available sources, such as the internet and business directories.
- File a trademark application: If your search reveals that your desired trademark is available, you should immediately file a trademark application with the U.S. Patent and Trademark Office (USPTO). Filing a trademark application will help you secure nationwide protection for your mark and prevent others from using a similar mark in connection with similar goods or services.
- Monitor for infringement: Once your trademark is registered, you should actively monitor for any instances of infringement, misuse or dilution of your mark. It is important to be aware of any unauthorized use of your mark and take prompt legal action against infringers to prevent further damage.
- Enforce your trademark rights: If you become aware of any instances of infringement, you should take action to enforce your trademark rights. This may involve sending a cease and desist letter or filing a lawsuit to protect your mark.
- Renew your trademark: Trademarks are only valid for a certain period of time, typically ten years. To maintain your trademark registration, you must file periodic renewal applications and pay the required fees.
While taking the above steps can provide strong legal protection for your trademark, it is important to note that there are some limitations to trademark protection. For example, if your mark is generic, descriptive, or too similar to an existing mark, it may be difficult to secure trademark protection. Additionally, trademark protection only extends to the specific goods or services for which the mark is registered, so it is important to be strategic when selecting the goods and services to include in your trademark application.
If you have any questions or concerns about protecting your company's trademark, it is recommended that you consult with a qualified attorney who specializes in trademark law.