TRADEMARK ATTORNEY LEARNING SERIES
APPLYING FOR A TRADEMARK IS JUST THE START…
DON’T RISK LOSING THE RIGHTS TO YOUR NAME.
Your brand is one of your business’s most valuable assets. It’s how your customers remember you, recommend your products or services, and how you build trust. Yet too often, we see businesses invest in marketing, signage, packaging, and goodwill, but question the value of registering and protecting their trademarks.
A federally registered trademark gives you the exclusive right to use your brand name, logo, or slogan nationwide on your goods or services. But these rights aren’t automatic. In the United States, trademark rights are established through use or through registering your trademark with the US Patent and Trademark Office, but they can be limited or lost entirely if you don’t take proactive steps to register and maintain them.
Why Acting Early Matters
If you delay registering your trademark, you run several risks that may be costly down the line. If someone else registers a confusingly similar name first, they may block your rights to expand your brand, force you to rebrand entirely, or send you a cease & desist letter demanding that you stop using your own name. You may even be required to pay damages if the other party can prove financial loss.
Spending on expensive packaging and marketing campaigns without registering for trademark protection is like building a house on land you don’t own. But you can significantly minimize your risk just by being proactive.
While applying for federal trademark registration is an important first step, there are additional hurdles to clear to ensure your mark reaches registration, and that you’re able to keep control of your brand in the long term.
How Brands Risk Losing Their Trademark Rights
Here are the most common ways businesses jeopardize their trademarks:
✅ Failure to file a Statement of Use (SOU) — Intent-to-use applicants must submit proof of use within the deadline or your application will become abandoned.
✅ Failure to respond to Office Actions or deadlines — If the USPTO issues an Office Action noting deficiencies in your application, respond as soon as possible.
✅ Failure to file maintenance and renewal affidavits — You must file maintenance affidavits between years 5–6 and every 10 years to keep your registration alive.
✅ Failure to enforce against infringers — Allowing others to use your mark without taking action can weaken your protection or result in loss of rights entirely.
✅ Failure to file at all — Relying only on common law rights puts your brand at risk if someone else files first at the US Patent and Trademark Office.
Protect What You’ve Built
Registering and maintaining your trademark isn’t just a legal formality, it’s an investment in your brand’s future. By securing your rights early, continuing to use your mark, and staying on top of deadlines, you ensure your business can grow without interruption or costly legal disputes.
Still unsure if trademarking is a worthy investment? Contact us today for a complimentary consultation to review your brand portfolio and to evaluate potential risks and the benefits of trademark registration.
Contact us today to schedule a free consultation to discuss your trademark and protecting your brand through every stage of your business journey.
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