Trademark Basics (3 of 3)
Benefits of Registering Your Mark
A trademark registration entitles the owner of the mark to sue in federal court for trademark infringement which may entitle you to recover up to three times your damages, costs, and attorney fees. The mark and its publication also provides others with constructive notice of your mark, as does your permitted use of the ® with your mark.
Maintenance of Your Trademark
Continuous use of your mark is necessary to avoid abandonment of the mark. Federal Trademark registrations must be renewed every 10 years and between years 5 and 6 registrants need to file an affidavit stating that the mark is still in use in commerce. Failure to do so will result in cancellation of the mark.
After your mark is registered, you should always use the ® in connection with all uses of the mark listed in your registration, e.g. apparel, food products, etc.
The website for the United States Patent and Trademark Office is excellent (http://www.uspot.gov). You can use the site to search for marks, register your mark and check the status of your registration. The Law Offices of Kathy M. Lombard would be happy to assist you and answer any questions you may have regarding trademark registration.
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