Trademark owners often mistakenly believe that once their trademark is successfully registered, they are good to go and do not need to take any other action. It is an error made with surprising regularity by new trademark owners. Unfortunately, this is not accurate.
Here is the reality – when you register a trademark with the U.S. Patent and Trademark Office (USPTO), the maintenance responsibilities fall on you. This means that you need to take steps to protect your trademark from infringement. As a result, trademark owners need to be proactive and ensure they have an effective enforcement program in place that is ready to be deployed.
Here is another reality – the scope of your rights is largely dependent on lengths to which you are able to enforce your trademark determines the scope of their rights within that registration.
To protect your trademark effectively, you need to have a program in place that involves consistent monitoring of your mark and regular policing and enforcement within your chosen sector of the economy.
When it comes to monitoring your trademark, you should invest in setting up a service devoted to monitoring incoming applications to the USPTO database. These services notify you if any new applications are extremely similar to your mark and enable you to take action against any that may infringe upon your trademark rights.
In addition to effective monitoring, you also need to establish an enforcement regimen that can be deployed quickly and will ultimately protect your trademark rights. In order to police and protect your trademark, you need to develop a strong understanding of the potential types of infringement that could occur. For example, there are different forms of infringement – incidental infringement and nefarious infringement.
Thus, rigorous and consistent enforcement is key, and as you have probably noticed that an effective enforcement regimen cannot be done by a single person. You need to invest in the resources that will allow you to effectively monitor and police your mark while affording you the time to focus on growing your business.
If you have questions about the scope of your trademark rights or need to discuss a potential infringement matter, contact the reputable Omni Legal Group to schedule a confidential case review at 855.433.2226. We are one of the preeminent trademark law firms in Los Angeles and have earned a reputation for providing effective legal advice for trademark applicants, trademark owners, inventors, and other innovators. You can be rest assured that the skilled attorneys with Omni Legal Group will give you the time and attention you deserve. For further information please visit www.OmniLegalGroup.com.