Congratulations! Your trademark has been approved by the United States Patent and Trademark Office (USPTO), and you’re officially the owner of a registered trademark. Securing this registration is a significant milestone in protecting your brand, but the work doesn’t stop here. To ensure ongoing protection and maximize the value of your trademark, there are several important steps to take after approval. Here’s a guide on what to do next:
1. Receive and Review Your Registration Certificate
1.1. Verify Information:
- Carefully review the registration certificate for accuracy. Confirm that your trademark details, owner information, and the description of goods or services are correct.
1.2. Store Safely:
- Keep the registration certificate in a secure place. This document serves as proof of your trademark rights and may be required for legal purposes or business transactions.
2. Use Your Trademark Properly
2.1. Display the ® Symbol:
- Use the ® symbol to indicate that your trademark is registered. This symbol notifies the public of your trademark rights and helps deter potential infringers.
2.2. Consistent Branding:
- Ensure consistent use of your trademark across all marketing materials, products, and services. Consistency reinforces brand identity and strengthens trademark protection.
3. Monitor and Enforce Your Trademark Rights
3.1. Watch for Infringements:
- Regularly monitor the marketplace, including online platforms and competitors, for potential infringements of your trademark. Early detection helps address issues before they escalate.
3.2. Take Action:
- If you discover unauthorized use of your trademark, take appropriate action. This may involve sending a cease and desist letter or pursuing legal action if necessary.
4. Maintain Your Trademark Registration
4.1. File Maintenance Documents:
- Declaration of Use: File between the 5th and 6th year after registration. This document confirms that you are still using the trademark in commerce.
- Renewal: File for renewal every 10 years to keep your trademark registration active.
4.2. Keep Records:
- Maintain detailed records of your trademark use, including marketing materials, product packaging, and any legal correspondence. These records can be crucial for maintaining your trademark rights.
5. Consider International Protection
5.1. Expand Globally:
- If you plan to expand your business internationally, consider registering your trademark in other countries. Use the Madrid Protocol to streamline the process for international registration.
5.2. Conduct International Searches:
- Perform trademark searches in foreign jurisdictions to avoid conflicts and ensure that your trademark can be registered abroad.
6. Leverage Your Trademark
6.1. Brand Value:
- Use your registered trademark to enhance your brand’s value. A registered trademark can be a significant asset in business negotiations, partnerships, and licensing agreements.
6.2. Licensing Opportunities:
- Explore licensing opportunities to allow others to use your trademark in exchange for royalties or fees. This can generate additional revenue and expand your brand’s reach.
7. Stay Informed
7.1. Monitor Trademark Law Changes:
- Stay updated on changes in trademark laws and regulations. This helps ensure ongoing compliance and protects your trademark rights effectively.
7.2. Consult with Legal Experts:
- Regularly consult with a trademark attorney to address any legal issues and receive guidance on maintaining and enforcing your trademark rights.
Securing your trademark registration is a major accomplishment, but maintaining and leveraging that trademark is key to maximizing its value. By following these post-registration steps—reviewing your certificate, using your trademark correctly, monitoring for infringements, and staying informed—you’ll ensure continued protection and success for your brand. Remember, a registered trademark is not just a symbol of your brand but a valuable asset that requires ongoing attention and care.
Tricia Meyer is a serial entrepreneur, business lawyer and mom of 6! Tricia is the Founder + Managing Attorney at business law firm, Meyer Law and Co-Founder at The Clever Baby. At Meyer Law, Tricia has helped thousands of companies from startups on Shark Tank to growing companies on the Inc.500 list to some of the largest, well-known companies in the world! The Clever Baby recently launched its first product Jet – a patented, innovative teether and dispenser all-in-one, and is committed to developing clever products for parents and creating magical moments for babies and kids. Tricia is passionate about entrepreneurship and has mentored thousands of companies at incubators and accelerators across the United States at 1871, TechStars, WeWork Labs, and more!
