Protect Your Trademark From Infringement

1. Protect Your Trademark From Infringement

2. Federal trademark registration can protect your trademark nationwide. But many people don't understand that filing a trademark application is just one step toward choosing, protecting, and enforcing a trademark. A successful trademark registration has several steps: research, an accurate application, follow-up, and regular monitoring. Here's an outline of the steps you need to take to secure and maintain your trademark.

3. The generalities of the registration process can seem simple enough however, seeking the aid of a trademark attorney can help reduce any delays in being granted a successful trademark, as well as help ensure you for the correct things when youapply for a trademark. On being granted a trademark, the trademark owner has the right to use it for the claimed goods or services covered, for the initial period of ten years and can be renewed every ten years thereafter.

4. 1. Do Your Homework The USPTO won't register your trademark if there is a “likelihood of confusion" with another registered trademark. A “likelihood of confusion" often arises when two marks are similar and they are used for similar goods or services. To minimize the chance that your application will be rejected for this reason, you must conduct a comprehensive trademark search before applying for federal trademark protection. You can search federally registered trademarks yourself using the USPTO's Trademark Electronic Search System (or TESS), or you can hire a company like LegalZoom to perform the search for you. A comprehensive search will also include searches for trademarks that are registered with state governments and trademarks that have common law protection.

5. 2. Prepare and File A Trademark Application If your trademark search doesn't reveal any conflicts with pending or registered trademarks, the next step is to file a trademark application through the USPTO's Trademark Electronic Application Service (TEAS). You must also identify the types of goods or services that you use your mark for. Once your application is complete, you may submit it electronically with a nonrefundable filing fee, which is currently $250-$350 per class of goods or services registered.

6. 3. Respond Promptly to Office Actions To respond to an Office action, you must address the problems to the satisfaction of the USPTO examining attorney. Once all issues have been resolved, notice of your trademark will be published in the Official Gazette and anyone who objects to the trademark registration may file an opposition. Office actions and oppositions may raise complex legal and technical issues. Because you risk having your application refused, you may want to get advice from a trademark lawyer.

7. 4. Monitor Your Trademark Once your trademark registration is approved, you can start using the registered trademark symbol, ®. But your efforts to protect your trademark shouldn't end there. The USPTO registers trademarks, but it does not enforce them—that's up to you. One way to protect your trademark is to monitor USPTO filings and oppose any applications to register trademarks that seem similar to yours. Another is to be assertive if you learn of another company that is using a name or logo that's similar to your registered trademark.

8. 5. Maintain Your Trademark Trademark registrations last for 10 years and are renewable for additional 10-year periods, but you must file maintenance documents between the fifth and sixth year after registration, between the ninth and tenth year after registration, and every 10 years after that. If you miss a deadline, your trademark registration will be canceled. With careful research and a well-prepared application, you'll be on your way to having a registered trademark. And, once your trademark is registered, be sure to monitor it and file maintenance paperwork to ensure that your hard-earned trademark protection lasts as long as your business.

9. Bottom Line If you’re in doubt regarding what you should be registering, or have any questions about the trademark registration process, it’s best to enlist the help of a trademarking lawyers before lodging your application.

10. 6. Employing Staff Franchisees that employ staff have the same workplace responsibilities as other employers. It’s important to remember that if you’re operating a franchise in Australia, you must follow Australian workplace laws, regardless of where the franchise originated. You should consider: • minimum wages and awards • record keeping obligations • employee benefits such as long service leave • offences and financial penalties for breaches of workplace laws, including those who underpay employees, fail to keep correct time and wage records, fail to issue compliant pay slips or who force employees to repay wages.