Once you have done a good trade mark search and have registered your trade mark, it is your responsibility to make sure that it stays protected. Other people may be infringing your trade mark by making use of a similar name. This requires immediate legal advice. You have paid for your trade mark and have worked hard at building a good reputation – no one should reap the benefits of this other than you and your employees.
Be Careful Of Infringement
Other than businesses and people infringing your trade mark, it is also possible for you to infringe someone else’s trade mark without you knowing it. This is why it is extremely important that you do all the necessary research to ensure you are not doing anything illegal, as someone might sue you and your business could seriously suffer as a result of this.
Remember that once you have registered a trade mark in one country, it does not protect your name from infringement overseas. If you offer goods in another country, where a similar trade mark than yours already exists, you can be sued for infringement.
What You Can Do
The best thing you can do when starting to think of a trade mark, is to get legal advice. Get a lawyer who specialises in this sort of business and who will be able to help you to go through legal steps in everything you do. It is worth spending some extra money on a good lawyer who has your best interest at heart. It is possible to apply for the registration of your trade mark in an overseas country – ask your legal representative about this.
Once you have your trade mark registered, it is extremely important that you continue using it and elaborating on your business. If your name is rarely used or advertised, you won’t just lose money, but you could also lose your trade mark. This can happen on the grounds of non-use. This usually takes place after a period of three years. If you cannot make use of it for a while, make sure someone else can do it on your behalf.
Get your trade mark name out there by printing it on flyers, t-shirts, promotional wristbands and more. You need to create a brand awareness. Make sure that the quality of goods on which you have your trade mark printed on are very good, as people will associate this with the standards of your services or products.
To maintain your trade mark, it is thus important that you make good use of it and that you also protect it by making sure that no one is infringing your trade mark by selling goods and services under a similar name, reaping the benefits of the good name you have established. You also need to avoid infringing on someone else’s trade mark, as the legalities involved in this can be destructive!