What You Should Know About Federal Trademark Protection
Trademark protection is something every business should take seriously. It is surely going to be a waste of time and effort for you to get a trademark only for it to lose its value or get canceled by the US Patent and Trademark Office.
Using the Federal Registration Symbol ((R))If a trademark is federally registered, it should be followed by the ((R)) symbol. The symbol tells people that the mark is federally registered. It also notifies people that there would be additional liability in damages for violating the trademark.
If you own any federally registered trademark, make sure you use the symbol whenever you use the trademark. This includes the use of the trademark on social media, website, product packaging, etc.
Tips For Trademark ProtectionA trademark is a vital business asset that can depreciate in value if it is not well protected. As a prudent owner, you should seek to protect your trademark from infringement and other activities that would reduce its value.
While squatters can usurp a physical property, trademarks can be attacked by infringers, people who register a similar mark, cybersquatters and so on. To make matters more complicated, the principle of laches state that when the owner of a trademark knows about infringement or is reasonably expected to know, and he does nothing about it he loses his right to the mark.
As a result, businesses interested in trademark protection can take note of the following tips:
- Trademark And Domain Name Monitoring Services
A lot of intellectual property law firms provide trademark monitoring services. They monitor the USPTO official gazette, business name databases, domain name registries, and social media for any trademark that is similar to yours.
- Cease and Desist Letters
These are letters warning infringers to stop the infringement. This letter does not only assert your right to the trademark; it serves as evidence that you have taken trademark protection action.
- United States Patent and Trademark Office (USPTO) Opposition
The USPTO regularly publishes trademark applications to the general public. The purpose of this is to give any trademark owner the opportunity to protest a trademark similar to his own. If the USPTO concludes that the marks are very similar, then it would stop the new trademark registration.
- Uniform Domain Name Dispute Resolution Policy (UDRP) Complaints
Cybersquatting happens when a second party purchases a domain name similar to the one you use for your business. The other party might intend to sell the domain to you at a profit or use your goodwill to get profit from consumers.
To prevent this, you can file a UDRP complaint. A one or three-man panel would look through your arguments and decide whether or not the domain should be transferred to you.