In this article we show you everything you can do after having registered your trademark.
In this post we talk about:
Use of the symbol ®
First of all, it will be possible to start using the symbol ® on your trademark, in order to demonstrate the registration of your brand.
- The first is not to use ® before your mark has been registered, because this use can be considered a crime in some States
- The second is that it is advisable to use the ® after registering the trademark, as this caution makes third parties aware of the registration of your brand.
The symbol ®can be used as long as the trademark registration will be kept alive; as a result, such symbol can no longer be affixed if the mark has expired and has not been renewed.
With regard to the use of ®, it is necessary to be careful to where you have registered your trademark because in some States the use of this symbol is effectively mandatory.
For example, in Hong Kong, failure to affix the ® symbol to the registered trademark will make it impossible to claim damages if your trademark rights are infringed by third parties.
Effective use of the trademark
Furthermore, after registration, we must pay close attention to the use of the trademark.
There exists the possibility of revocation ny own trademark rights in the absence of effective use.
For example, within the European Union, the law provides that the proprietor must put the EU trademark to genuine use in the Union within a period of five years following registration; moreover, the use cannot be suspended during an uninterrupted period of five years.
In the United States it is necessary to file a declaration of use between the fifth and the sixth year from the registration date of the mark; in the event that the declaration is not filed, USPTO will cancel trademark registration from the Registry. Trademarks which have been cancelled due to the non-submission of the declaration of use cannot be kept alive, therefore it is necessary to file a new trademark application in order to obtain a new trademark registration.
In order to avoid problems, we suggest to always check what is provided for by the law of the State in which the trademark has been registered.
Trademark protection and surveillance
After trademark registration it will be advisable to take case of its protection by requesting a trademark surveillance action thanks to which you will be promptly informed in the event of filing of trademarks identical or similar to yours.
Eva Troiani’s law firm is at your disposal for advice, suggestions and assistance.