One way to protect your patent is by hiring the services of a patent attorney who can provide expert guidance through the application process and represent you in any related legal disputes. But what happens if you need the protection of your registered trademark?
First, having a registered trademark guarantees you a layer of protection over your brand. However, this does not guarantee immunity unless you take the necessary precautions to actively monitor potential infringements, enforce your trademark rights through legal action when necessary, and ensure proper trademark usage to avoid dilution or abandonment.
In the following article, we will address these strategies in detail so you can be sure you’re taking the necessary steps to safeguard your trademark and maintain your brand’s integrity effectively.
What is a trademark?
Any logo, word or combination directly associated with the goods and services of your business is a trademark. Having one allows you to stand out from the rest of the competition. However, it should be noted that this does not mean that from the moment of registration, you become the exclusive owner of that word or symbol.
Your rights over a logo, for example, are not the shape or the color but rather how that combination is associated with your products and services and how your customers perceive your business. This is why you need to be very precise when creating your trademark.
Any trademark attorney Miami would encourage you to choose a strong trademark that is inherently distinctive and unique, according to the requirements of the USPTO (United States Patent and Trademark Office), whether it’s a fanciful, arbitrary or suggestive trademark like Coca-Cola®, Apple® or Pinterest®.
Why should I protect my trademark?
If you start a small business in your community, you can own a trademark only by using it. However, if you truly want to protect your trademark, internationally even, you must register your trademark with the USPTO.
Now, it is important to emphasize that as a business, you are not obligated to register your trademark. Nevertheless, having a registered trademark allows you to grow your business outside your town and provides legal advantages in protecting your brand from infringement by using the rights granted through this process.
What are the best strategies for protecting a registered trademark?
Once you have registered your trademark, you must follow the next strategies to ensure it remains effective.
1.- Use trademark symbols
One of the rights you gain when registering is the exclusive use of certain symbols like ®. Usually, businesses place this symbol on the right side of the word or image that is their trademark.
This symbol is a legal reminder that the trademark is registered and protected by law. It serves as a deterrent to potential infringers and notifies others that you have exclusive rights to the mark in connection with the goods or services for which it is registered.
2.- Hire a trustworthy trademark attorney
A trademark attorney in Miami can offer legal advice during your trademark registration process before the USPTO and help you understand the best way to monitor it once your trademark certificate is issued.
This includes providing strategies for regular surveillance, assisting in swift legal action against potential infringers, and offering guidance on effectively maintaining and enforcing trademark rights.
Therefore, it is crucial to choose a lawyer who perfectly fits your needs and objectives. Rely on recommendations from other colleagues, as well as reviews and testimonials from previous clients, to ensure you find a reliable and experienced trademark attorney.
3.- Maintain your registration
As long as you use your trademark according to the agreed-upon objectives and renew your documentation and feeds within a certain period of time, your certificate of registration will not expire or be canceled due to a lack of activity and compliance.
If you fail to submit a declaration of use in this case, you will need to start the application process again, from submitting your forms and documents to the examination, approval and receipt of your registration, in addition to paying extra fees.
Meanwhile, your trademark may become available for others to use and register, leading to confusion, legal battles and the dilution of your brand’s identity.
4.- Apply to state, federal and international registration
Registering your trademark allows you to grow your business, but to what extent? If you decide to register your trademark only in your state, it is impossible for you to expand your business to the rest of the country while still maintaining your rights.
We encourage you to seek the advice of your trademark attorney in Miami and apply for federal registration and even international registration through the Madrid Protocol, which grants your business trademark protection in 131 countries worldwide.
5.- Avoid scam filling firms
Remember, a trademark attorney can give you legal advice and follow infringement cases but cannot guarantee outcomes or act as a substitute for registering your trademark.
Any firm claiming to act on the USPTO’s behalf is most likely a scam. Always verify the legitimacy of these firms and their claims directly with the USPTO to safeguard your business’s well-being.
For more information, please do not hesitate to contact us and visit our blog for more details on how to protect your trademark and patent rights.
