Securing a trademark is a crucial step in protecting your brand, but the work doesn’t stop after registration. To ensure ongoing protection, you must actively maintain and enforce your trademark rights. Neglecting this responsibility can lead to a loss of exclusivity, weakening your brand’s legal standing. Here’s what you need to know about maintaining and enforcing your trademark rights.
Maintaining Your Trademark
1. Use It or Lose It
Trademark rights are based on usage in commerce. If you stop using your trademark for an extended period, you risk abandonment, making it available for others to claim. To maintain your trademark:
- Continue using it consistently in connection with your goods or services.
- Ensure branding remains consistent in all marketing materials, packaging, and online presence.
2. File Required Maintenance Documents
To keep a federal trademark active, you must file periodic documents with the United States Patent and Trademark Office (USPTO):
- Declaration of Use (Section 8) – Due between the 5th and 6th year after registration.
- Declaration of Incontestability (Section 15) – Optional but strengthens legal standing, filed after five years of continuous use.
- Renewal Application (Section 9) – Due every 10 years to maintain registration.
Failure to file these documents on time may result in the cancellation of your trademark.
3. Monitor for Unauthorized Use
Regularly checking for potential trademark infringement is crucial to protecting your rights. You can:
- Conduct routine searches on the USPTO database, search engines, and social media platforms.
- Use a trademark watch service to track unauthorized use.
- Set up Google Alerts for your brand name.
Enforcing Your Trademark Rights
1. Address Infringement Promptly
If you discover unauthorized use of your trademark, take action quickly to prevent consumer confusion and brand dilution. Steps include:
- Documenting the infringement with screenshots and evidence.
- Determining whether the infringement is intentional or accidental.
2. Send a Cease-and-Desist Letter
A cease-and-desist letter is often the first step in resolving trademark disputes. It should include:
- Proof of your registered trademark rights.
- Evidence of the infringing activity.
- A request for the infringer to stop using the mark.
- A deadline for compliance.
Many disputes are resolved at this stage without the need for legal action.
3. Take Legal Action if Necessary
If the infringer refuses to comply, legal steps may be required:
- Opposition or Cancellation Proceeding – If the infringer has applied for a similar trademark, you can file an opposition or petition to cancel their registration.
- Trademark Litigation – Filing a lawsuit can result in an injunction, monetary damages, and the infringer ceasing use.
- Alternative Dispute Resolution (ADR) – Mediation or arbitration can be a cost-effective way to settle disputes outside of court.
4. Work with Online Platforms to Remove Infringements
If your trademark is being misused online, many platforms offer reporting tools:
- Social media platforms (Facebook, Instagram, Twitter, TikTok)
- E-commerce websites (Amazon, eBay, Etsy, Shopify)
Most platforms will take action to remove infringing content after reviewing your complaint.
Final Thoughts
Maintaining and enforcing your trademark rights is an ongoing responsibility. By actively using your trademark, filing necessary maintenance documents, and monitoring for infringement, you can safeguard your brand’s value. If you encounter a dispute, consulting a trademark attorney can help you navigate enforcement strategies effectively and ensure your brand remains protected. We recommend trademark attorney orlando.
