Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the marketplace. Here is how to do both.
1.Use the Mark Consistently
Trademark rights depend on ongoing use. Make sure the mark is used as registered (e.g., the same spelling, design, and context) on all relevant goods or services. Non-use can lead to abandonment; and significant changes to the mark may require a new application.
2. Monitor and Enforce Your Rights
The USPTO does not police trademarks—that is up to the owner. Regularly monitor for unauthorized use online, in marketplaces, and in trademark filings. If you find infringing use, act quickly by sending cease-and-desist letters or by taking legal action, if necessary. Failure to enforce your rights can weaken your trademark over time and ultimately lead to loss of all rights.
3. Maintain Registration with Timely Filings
Federal trademark registrations require maintenance at regular intervals:
- Between the 5th and 6th year: File a Section 8 Declaration of Continued Use
- At the 10-year mark (and every 10 years thereafter): File Sections 8 and 9 for renewal
Missing these deadlines can result in cancellation of your registration, even if you are still using the mark
4.Watch for Genericide
A mark can lose protection if it becomes generic—meaning the public starts using it as a common name for a product (e.g., “aspirin” or “escalator”). This is most common with innovative new products and products with significant market-share dominance. To avoid “genericide,” use your trademark as an adjective (e.g., “Kleenex® tissues”) and educate your customers and staff on proper use. This will ensure consumers recognize your mark as a brand name rather than the name for the underlying product.
Trademark protection does not stop with registration. Active maintenance and vigilant enforcement are key to keeping your brand secure and rights intact.
