Welcome to Wholesale Forum.com



For Buyers
Wholesale Forum is the fastest growing online business community dedicated to retailers, auction sellers, surplus and overstock buyers needing a quick and safe solution for sourcing trade stock. Join our free and friendly forums today and gain knowledge, offer your advice, and discover new partnership opportunities:
For Suppliers
For wholesalers, dropshippers, manufacturers, distributors and trade services providers. Advertise your business today on WholesaleForum.com for free to reach potential trade buyers on a more personal level. Promote your latest offers, interact with buyers in real time, distinguish yourself as an expert in your field, and attract sales instantly.
Sign up now | More benefits for Buyers |
Sign up now | More benefits for Suppliers |
-
15 Jan 2011 01:33 AM #1
How do I maintain the registration on my trademark?
Can anyone tell me how I can maintain the registration on my trademark?
Over 150,000 Verified Sources + Deals 95% Off MSRP + Free Website!
-
15 Jan 2011 01:51 AM #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.Want To Be An eBay Powerseller?This is the Service You Need.
-
15 Jan 2011 02:09 AM #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?
-
15 Jan 2011 02:28 AM #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.
-
Got something to say? Sign up now and join the discussions.
Tags for this Thread
Similar Threads
-
How do I maintain my dropshipping website?
By TypTime in forum Website Design & Hosting DiscussionReplies: 2Last Post: 18 Nov 2010, 06:46 AM -
Maintain a Sense of Harmony in the Workplace
By wholesaleinsight in forum Business Articles & ResourcesReplies: 0Last Post: 25 Jan 2011, 06:05 AM -
My trademark is in another domain name. Help.
By TerpsRule in forum Legal, Contracts, Insurance & Trade Terms DiscussionReplies: 6Last Post: 13 Dec 2010, 08:24 AM -
How To Register a Trademark For My Product?
By RunningMan65 in forum Legal, Contracts, Insurance & Trade Terms DiscussionReplies: 23Last Post: 22 Jul 2010, 03:27 AM -
How Do I Establish My Brand? Do I Need a Trademark?
By Mellow04 in forum Marketing, Advertising, SEO & SEM DiscussionReplies: 27Last Post: 03 Oct 2012, 03:47 AM -
Register and protect the trademark outside the U.S.
By Pierre79 in forum Legal, Contracts, Insurance & Trade Terms DiscussionReplies: 3Last Post: 11 Dec 2010, 08:04 AM -
Trademark Information - How to register name and logo as trademarks
By Mr.SellsAlot in forum Legal, Contracts, Insurance & Trade Terms DiscussionReplies: 2Last Post: 03 Aug 2011, 12:26 PM -
Do U.S. Patent and Trademark registrations provide businesses with IP protection?
By NascarDave in forum Legal, Contracts, Insurance & Trade Terms DiscussionReplies: 21Last Post: 19 Nov 2010, 01:37 AM -
Simple guide to taxes, VAT, registration and more
By Rocky78 in forum Accounting & Tax DiscussionReplies: 38Last Post: 23 May 2012, 09:54 PM -
Looking for a layman’s guide to registration, taxes, VAT, etc…
By Plunky97 in forum Accounting & Tax DiscussionReplies: 5Last Post: 09 Dec 2010, 05:05 AM