A trademark can be one of your company’s most valuable assets, so you want to make sure that you maintain control of it. An Orange County, California trademark lawyer can help you keep your valuable intellectual property and avoid some of the mistakes that people tend to make when trying to maintain a trademark.

What is the Most Effective Way to Maintain a Trademark?

There are a few things that you have to do to maintain any trademark, but the most important thing is being able to show that you are still using it. You should have proof, like marketing materials, that you are still making use of this particular IP. If you cannot show that you still use a trademark, it could be considered abandoned.

Do I Have to Submit Any Paperwork to Maintain My Trademark?

Yes, you have to submit registration maintenance documents to keep your trademark. You should submit your paperwork:

  • Between the fifth and sixth years after the registration date
  • Between the ninth and tenth years after the registration date
  • Every 10 years after this

There are grace periods, but we recommend filing as early as you can.

What Are Some Common Trademark Maintenance Mistakes to Avoid?

Obviously, missing any filing deadlines can cause headaches and jeopardize ownership of your trademark, but there are also other mistakes that people and companies make when trying to maintain a trademark. Avoid pitfalls like:

Ownership issues: Your paperwork needs to match up when you talk about who owns the trademark. If the owner has changed due to a change in the ownership of the business or because a firm is now going by a new name, a lawyer can help you submit the proper paperwork and get that change on the record before you submit any maintenance paperwork.

Misleading notices: A company that sees your trademark filing deadlines are up soon may contact you and try to involve themselves in the process. We recommend only paying attention to notices from the USPTO and working with a lawyer you trust instead of any third-party firm that contacts you.

Not being responsive: If your paperwork is approved, great. However, sometimes the USPTO requires additional information or issues a refusal. You cannot just let these notices pile up with other paperwork. You must be responsive if you want to keep your trademark.

Do I Need a Lawyer?

We do recommend having the assistance of a lawyer here. If you are managing a portfolio of trademarks, it can be difficult to keep track of all of the maintenance filings you have to do. A trademark lawyer from our firm can also help you ensure that you do not make any mistakes that could jeopardize your ownership of a trademark. A lawyer is an additional expense, but it’s a worthwhile investment if you want to maintain control over your valuable intellectual property.

Contact Our Law Firm

So if you have questions about trademarks and how to keep them, contact Burns Patent Law. We can answer your questions and help you protect any valuable IP in your company’s portfolio.