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04. Maintenance

Maintenance, Generally

Trademark maintenance is the ongoing process of ensuring that a registered trademark remains in use and in good standing. Monitoring for potential infringement, enforcing the trademark against infringement, and renewing the registration as needed are all part of this process. Maintaining a trademark is critical in order to prevent others from using a similar mark and to protect the legal rights associated with the trademark.

Portfolio Review

A trademark portfolio review evaluates a company's existing trademarks in order to identify any potential issues or vulnerabilities. A thorough examination of the company's registered trademarks, including the scope of protection, the status of the registration, and the potential for infringement or dilution, is typically included in the review. The review may also include an evaluation of the company's unregistered trademarks or common law rights. A trademark portfolio review's ultimate goal is to identify any weaknesses in the company's trademark protection strategy and to make recommendations for addressing those weaknesses, such as by registering new trademarks, enforcing existing trademarks, or abandoning unused trademarks.

Monitoring Service

A trademark monitoring service is a service that assists businesses and organizations in monitoring for potential trademark infringement. Typically, the service entails searching various databases, such as the USPTO's database of pending and registered trademarks, on a regular basis for new trademarks that may be similar to the client's existing trademarks. If a potentially infringing trademark is discovered, the monitoring service will notify the client, who will then be able to take appropriate action, such as filing an opposition or sending a cease and desist letter. Monitoring services can also aid in the detection of potential infringements in social media, domain names, and other online platforms. A trademark monitoring service's main goal is to assist the client in detecting any infringement early and taking action before it causes significant damage to their brand.

Trademark Renewal

Trademark renewal is the process of keeping a trademark active by filing a renewal application with the appropriate government agency. This is usually necessary to keep the trademark registration active and to ensure that the trademark owner retains exclusive rights to use the trademark. The frequency of renewal and the specific requirements vary by country, but most require renewal every ten years (the US requires renewal after the first five years, then at ten years, and then every 10 years thereafter). The renewal process typically entails filing a renewal application, paying a renewal fee, and providing evidence of prior use of the trademark. It is critical to renew a trademark in a timely manner, as failure to do so may result in the cancellation of the registration and loss of trademark rights.

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Brian Russ Law, Inc. provides all trademark maintenance services needed to ensure your portfolio is protected and kept up-to-date. 

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