You’ve finally received your trademark or copyright. After going through all of the forms and paying the required fees, you have a certification in your hands. Now, you need to know what to do after receiving your trademark or copyright.
Many people make the mistake of thinking they’re at the end of the road after receiving their certification. However, several steps are worth taking, both to solidify your trademark or copyright and to ensure you’re ready to protect it in the future.
What to Do After Receiving a Trademark
With your registered trademark, you’ve secured the future of your brand by protecting one of its most vital assets. Whether that’s a logo or a phrase, this asset is now legally associated with your business, meaning others can’t use it. What’s more, your registration is the first, and most powerful, line of defense you have when combating somebody who infringes on your trademark.
So, you have your certificate. What comes next?
Step One: File the Trademark
While your trademark’s details are recorded in the United States Patent and Trademark Office’s (USPTO) database, that doesn’t mean you should neglect your certification. File any documents you’ve received in a place that you can easily access if you need them. It’s also a good idea to record the date your trademark was granted for tracking renewals.
Step Two: Start Using the ® Symbol
Before registering your trademark, you used the TM or SM symbols. The ® symbol shows that the trademark is federally registered with the USPTO. In fact, using it when you have not completed the registration process is a violation of federal law.
Now that you’re registered, the ® symbol serves as a more severe warning to people who might infringe on your trademark. It tells them that you’re in a position to sue if your trademark is used without your permission. It also showcases a level of professionalism that builds trust with customers.
Step Three: e-Record With U.S. Customs and Border Protection (CBP)
The CBP maintains its own database of registered trademarks to prevent the illegal import of any goods that carry the trademarks it has on file. This database is not automatically updated; you have to record the trademark yourself (it costs $190 to e-record, with $80 renewal fees). Given the CBP seizes over a billion dollars in goods carrying other people’s trademarks each year, the expenditure creates an extra layer of protection.
Step Four: Monitor the Market
Though your registered trademark provides legal protection, the responsibility for enforcing the trademark lies on your shoulders. Failure to monitor the market can lead to you losing your trademark rights due to a lack of vigilance.
You can monitor the market by setting up a Google Alert for the trademark or keeping track of the USPTO database. There are also professional services that conduct tracking on your behalf.
Step Five: Hire a Trademark Attorney
A trademark attorney can offer a monitoring service, advise you on what is and isn’t an infringement, and handle any necessary legal action. Keeping an attorney on retainer makes policing the market more manageable, allowing you to focus on running your business.
