Securing and Maintaining Trademark Rights

A federal registration typically provides legal rights to the mark throughout the entire United States.

Trademark Example

Motorcycle Hall of Fame
The mark Motorcycle Hall of Fame is registered with the U.S. Trademark Office for multiple items including jewelry (pewter, bronze, gold plated lapel pins, gold plated bracelets, necklaces, charms, and belt buckles of precious metals). REGISTERED TRADEMARK 2,911,948

Trademark Fact

The U.S. Trademark Office requires an applicant to provide a description of the goods and services associated with the mark being registered.

Currently, U.S. registered marks must be renewed between the 5th and 6th year after registration as well as every 10 years from the date of registration. If properly maintained, trademarks may last forever.

Continued use of the mark in commerce is also a requirement for maintaining legal rights in a mark.

Policing infringers of the mark is also required to maintain rights in a mark. If a mark owner is aware of another party using the same or substantially similar mark for the same or similar goods or services, and if the owner of the mark does not stop the infringer after a reasonable period of time, the mark could be deemed to be unenforceable.

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