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    1. CreamLis is offline

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      #1

      How do I maintain the registration on my trademark?

      Can anyone tell me how I can maintain the registration on my trademark?
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    2. Christopher05 is offline

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      #2
      Good question. The main thing you should do is file all the necessary documents for your trademark before the deadline passes, otherwise your trademark will be up for grabs by anyone who wants to use it. The documents you need to file are the following:

      • Affidavits of Continued Use or Excusable Non-use

      • Renewal Application

      Here are some tips for maintaining your trademark rights:

      Use your mark

      A continuous use of the mark will help you protect your trademark rights. You can lose your rights if you are not using the trademark for a period of 3 years.

      Use the Trademark Consistently and Properly

      If you are changing the mark you must also change the registration. The same rule applies for changing logos.

      Exercise Quality control

      In case you allow someone else to use your trademark, you must exercise quality control. Make sure you have a legally binding, signed agreement to protect your brand rights.
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    3. CountryGirl is offline

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      #3
      Christopher, I’m using my trademark regularly and doing everything else you just said. I’ve got somebody using my trademark illegally, so what are the actions I can take against that person?

    4. Christopher05 is offline

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      #4
      First, understand that the actions you can take depend on the country in which your trademark is registered and the country in which it is being used illegally. If your mark is registered in the US, but a company or person from China is using your trademark, there really isn’t much you can do. Unlike copyright protection, in which your copyright is protected throughout the majority of the world after you register it, trademarks are subject to individual country law. If you haven’t registered your trademark there, then a person or company who HAS registered will most likely be able to retain their right to use a mark you may have created first. Once again, it really depends on the country.

      If your mark is being used without your permission in the US, though, you can file a cease and desist letter by either writing the company directly or by using a lawyer to do so. If you can afford a lawyer, you need to invest in one, as they are better equipped to handle things like formal letters of cessation. A lawyer will also come in handy in case you have to take the case to court.

      If your c&d letter goes ignored, then you should contact a patent and trademark lawyer and file a case with the US Patent and Trademark Organization. For a quick look into trademark violation cases, how you can file, and what you need to do, go here:

      Trademark Trial and Appeal Board

      Hope this helps.

    5. CountryGirl is offline

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      #5
      Absolutely. Thanks!

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