Helpful Information / Articles: Trademarks - Keeping your United States Trademark
US Patents - International Patents - Software Patents - Trademarks - Copyrights - Trade Secrets - Licensing

Keeping your trademark usually depends on AT LEAST two things: Proper use of your trademark by yourself and others; and Filing proper paperwork and fees with the Trademark Office.

In order to show proper use of your trademark by yourself and others, after a trademark is registered it should be used in conjunction with the ® symbol. It should also be used as an adjective, and not a noun or a verb. Improper use of a trademark may lead to loss of the mark. One way to lose a mark is to allow the mark to become the generic name of a product. The list of former trademarks that are now generic include Aspirin, Themos, Cellophane, Shredded Wheat and Zipper just to name a few. Just as important as your using the trademark properly is making sure that others also use it properly. Policing of the use of the trademark by your company and by others will help to uncover any improper use or dilution of the strength of the mark that may lead to it becoming generic.

The following actions must also be taken:

• An affidavit of use must be filed in the Trademark Office in the 5th year after the registration issues
• Failure to file this affidavit of use can result in loss of Federal registration
• Renewal fee and associated paperwork must be filed every 10 years

< Trademarks - Registration Process in the United States Trademark Office | Trademarks - Trade Dress >