Trademark Rights

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

A trademark attorney or a trade mark lawyer can help you determine what your rights are.

Maintaining a federal Trademark registration

Rights in a federally-registered trademark can last indefinitely if the owner continues to use the mark on or in connection with the goods and/or services in the registration and files all necessary documentation in the USPTO at the appropriate times. In general, the owner of a registration must periodically file:

Affidavits of Continued Use or Excusable Nonuse under 15 U.S.C. §1058; and
Applications for Renewal under 15 U.S.C. §1059.
 

Recordation of Trademark Registrations with United States Customs and Border Protection

Please note that U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CPB in its efforts to prevent the importation of goods that infringe registered marks. The recordation database includes information regarding all recorded marks, including images of these marks. CBP officers who actively monitor imports to prevent the importation of goods bearing infringing registered marks can view the recordation database at each of the ports of entry where these officers work.

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