Marking
Upon completing U.S. Federal Registration, you or your company may apply the "circle R" ("®") to graphic representations of your Mark, and such marking is advisable (generally at the lower right corner of the Mark).
Changes in Registration, and Use by Others
Changes in the name or form of the registered owner, or its address or other data, should be recorded at the U.S. Patent & Trademark Office, as should assignment of any right in the Mark to another entity. Furthermore, proper maintenance of your Mark requires authorization by the registered owner of any use of the Mark by others. This is accomplished through a license.
Local Use of Conflicting Marks
While many benefits flow from registration of your Mark, trademark rights in the U.S. arise from use. It is therefore possible that others may have conflicting and/or superior rights to confusingly similar Marks, at least in some geographical area of the U.S. You or your company may therefore infringe others in the U.S. even though your Mark is Federally registered. However, at the end of five years, and upon filing a suitable declaration, your registration will become "incontestable," whereupon you will have good assurance that you will retain the Mark for the long term.
Watch Service
The U.S. Patent & Trademark Office should, but does not always, refuse applications by others for confusingly similar Marks. You may therefore wish to be notified after registration of your Mark, so that you may oppose such applications, or take other appropriate action.
International Rights
A U.S. registration does not claim any trademark right outside the U.S., its territories, protectorates, and possessions. Accordingly, if you wish to secure rights in other countries, separate filing in countries of interest is advisable, and in some countries necessary. In some cases, trademark rights in other countries may be irrevocably lost without registration, even if you have used your Mark first, as some countries recognize no use-based (common law) trademark right.
Abandonment
As trademark rights are based on use in the U.S., such rights are lost upon non-use (and intent not to use in the future). Failure to continue use of your Mark may therefore affect your trademark right, and potentially your Federal registration of that right.
Changes in Form of Mark
Changes in the form of your Mark, if such changes are "material alterations" in the eyes of the Patent & Trademark Office, may also affect your trademark right in the U.S., and your ability to maintain a Federal registration. If you cannot demonstrate use of your Mark as registered upon renewal, your registration may be canceled based on non-use.
Changes in the Goods/Services
Similarly, significant change in the goods or services supplied by you or your company may affect your ability to maintain a registration. A registration may be canceled in whole or in part if the goods or services identified in the registration are no longer offered. On the other hand, additional registration may be necessary to perfect rights where you or your company offer new goods or services. You should review your registration (or registrations) periodically, or with any significant change in goods or services.
Renewal of Registration
In order to maintain a registration in the U.S., you or your company must file a Declaration of Continued Use before the sixth anniversary of the registration date. You or your company must also file a Renewal Application and Declaration of Use every ten years from that date. Failure to meet all such requirements will result in cancellation of your registration. It is important to calendar these deadlines as the Patent and Trademark Office does not notify registrants of critical dates except at the time of registration. After cancellation for failure to meet Patent and Trademark Office requirements, your registration will be of no further use.
Certificate of Registration
You may also receive various solicitations for plaques, advertisements or registration by official-sounding organizations after you have registered your Mark. As to display, it is important that you keep your original Certificate of Registration in a secure place, where you can lay your hands on it when necessary. As to solicitations for advertisement or registration, we advise caution; such solicitations are almost always fraudulent.
Unsolicited Offers
Our clients receiving certificates of registration often also receive unsolicited invoices or offers to "publish" their trademark, or enter their trademark on some unofficial trademark "register." Such invoices or offers relate to trademark "publications" which appear to be official, but which have no value (and are often quite expensive). Generally, you may disregard all unsolicited invoices and offers for such publications and registers. More specifically, any invoice or offer from the following companies may be safely ignored: