Registering your trademark is an important milestone in building and protecting your brand. Once your trademark is officially registered with the U.S. Patent and Trademark Office (USPTO) or the relevant authority in your country, the hard work doesn’t stop there. While registration provides you with a suite of legal protections, there are important next steps to ensure that your trademark remains protected and that you maintain your brand’s value in the marketplace.

In this blog post, we’ll walk you through what happens after you register your trademark, including maintaining your trademark rights, monitoring for infringement, and taking enforcement action when necessary.

1. You Gain Exclusive Rights to Your Trademark

Once your trademark is officially registered, you are granted exclusive rights to use the trademark in commerce for the specific goods and services for which it is registered. This means that no one else can use the same or a confusingly similar mark without your permission. This protection extends to the entire nation (or region, in the case of international protection) and provides you with legal grounds to take action against infringers.

What it means for your brand:

• You have the exclusive right to use your trademark on your products or services.
  
• You can license your trademark to others, which can create additional revenue streams.
  
• Your registered trademark is a valuable asset that can increase the value of your business.
  

2. You Can Use the ® Symbol

One of the immediate benefits of trademark registration is the ability to use the ® symbol (the “registered trademark” symbol) next to your mark. This symbol indicates that your trademark is officially registered with the USPTO (or another governing body), and it puts others on notice that your trademark is protected by law.

What it means for your brand:

• Using the ® symbol shows others that your trademark is legally protected, which can deter potential infringers from using a similar mark.
  
• It can also help establish your trademark’s legitimacy in the marketplace, fostering consumer trust.
  

However, be aware that the ® symbol should only be used once your trademark is officially registered. Using it before registration can lead to legal penalties.

3. Monitor and Enforce Your Trademark Rights

After your trademark is registered, it’s crucial to actively monitor the marketplace for any infringement of your trademark. The USPTO and other trademark offices do not monitor or enforce trademark rights on your behalf. It is your responsibility to ensure that no one is using a confusingly similar mark that could harm your brand or confuse your customers.

What you can do:

• Regularly search the USPTO database (or the relevant authority’s database in your jurisdiction) to check for new filings that may conflict with your mark.
  
• Monitor online marketplaces, social media platforms, and other commercial spaces where infringing marks might appear.
  
• Set up a watch service: Many trademark attorneys or trademark firms offer trademark watch services that notify you when new applications for similar marks are filed.
  

What happens if you don’t monitor:

• Failing to monitor for trademark infringement could allow someone to use your trademark without permission, diluting your brand’s value and potentially confusing consumers.
  
• If you don’t take action against infringing uses, it may lead to a loss of your exclusive rights or a weakening of the distinctiveness of your trademark.
  

4. Renew Your Trademark

Trademark protection is not indefinite. To maintain your trademark rights, you must file certain maintenance documents with the USPTO (or other applicable authority) at specific intervals. If you fail to file the necessary documents or pay the required fees, your trademark could be abandoned.

Important deadlines to keep in mind:

• Declaration of Use: In the U.S., you must file a Declaration of Use between the 5th and 6th year after registration to confirm that you’re still using the trademark in commerce.
  
• Renewal: Your trademark must be renewed every 10 years to keep your registration active. This is a simple process if you’ve maintained use of your trademark.
  

What it means for your brand:

• Filing the proper maintenance documents and paying the necessary fees helps ensure that your trademark remains active and protected.
  
• It is your responsibility to keep track of these deadlines. Missing them could result in the loss of trademark protection.
  

5. Defend Your Trademark Rights

As the owner of a registered trademark, it is your responsibility to defend your rights. If someone uses your trademark without permission, you have the right to take legal action to stop them. The type of action you take will depend on the severity of the infringement.

What you can do:

• Cease and desist letter: The first step in defending your trademark is usually sending a cease and desist letter to the infringer. This letter demands that they stop using your trademark immediately.
  
• Negotiation or settlement: In some cases, it may be possible to resolve the matter without litigation by negotiating with the infringer.
  
• Trademark litigation: If the infringer does not comply or continues to use your trademark, you may need to take the case to court.
  

What happens if you don’t defend your trademark:

• If you don’t take action against infringers, you may risk losing your trademark rights. In some cases, if you do not enforce your rights, courts may consider your trademark to be abandoned or weakened.
  
• Failing to defend your trademark could result in consumers confusing your brand with others, which can damage your reputation and market share.
  

6. Consider Licensing or Expanding Your Brand

One of the benefits of trademark registration is the ability to license your trademark to others. Licensing allows other businesses to use your trademark in exchange for royalty payments, providing an opportunity to generate additional revenue streams.

What you can do:

• License your trademark: If your trademark is valuable, you can consider licensing it to others for specific products or services. Licensing agreements must be carefully crafted to ensure that your brand is protected and that you receive fair compensation.
  
• Franchise your business: If you have a proven business model, trademark registration can also facilitate franchising. A franchise agreement typically requires the franchisee to use your trademark in exchange for franchise fees.
  

What happens if you do not license or expand:

• If you don’t explore these opportunities, your trademark remains a static asset. Licensing or franchising can open new revenue channels and extend the reach of your brand.
  

Conclusion

After your trademark is registered, there’s more work to be done to maintain its protection and value. From monitoring for infringement to ensuring timely renewals, it’s important to stay proactive about safeguarding your trademark rights. By defending your trademark, considering licensing or expansion, and consistently monitoring the market, you can maximize the benefits of trademark registration and continue to build a strong, protected brand.

If you’re unsure about any of these post-registration steps, it’s a good idea to work with a trademark attorney who can guide you through the process and help ensure your intellectual property remains protected. We recommend trademark attorney orlando.