Trademarks are valuable assets that must be preserved to continue to be legally protected. It is essential to understand the trademark validity period and renewal process to ensure continued protection of your trademark. In this article, we will discuss the US trademark validity period, the trademark renewal process, and the importance of maintaining a valid trademark registration.
US Trademark Renewal Application
In the United States, a trademark registration is valid for ten years from the date of registration. However, to maintain the registration and the validity of the trademark, the owner must file a trademark renewal application with the United States Patent and Trademark Office (USPTO) between the ninth and tenth year of the registration period.
It is important for trademark owners to keep track of their renewal dates carefully and to file the necessary paperwork in a timely manner, as delays in doing so can result in the trademark registration being cancelled or expiring. Additionally, trademarks can be declared invalid if they are proven to have been fraudulently obtained, if the mark becomes generic, or if the mark is no longer in use. Therefore, trademark owners are required to file a declaration proving that the trademark is still in use.
US Trademark Use Declaration
A declaration of use is a sworn statement by the trademark owner that the trademark is still being used in commerce with the goods or services listed in the registration. The trademark owner must file a declaration between the fifth and sixth year of registration.
The owner must also provide a form of use showing the trademark as it is used in commerce. If the mark is not in use, the owner must provide a declaration of non-use for acceptable reasons, explaining the reason for the non-use, such as a delay in production or sales due to circumstances beyond his control.
Here are the requirements for submitting an advertisement.
If the tag is in use:
- A statement that the trademark is used in commerce;
- A list of the goods or services for which the trademark is used;
- Model (example of how the trademark may be used). Examples of acceptable models include signs/labels affixed to goods and advertisements for services.
If the tag is not in use:
- A list of goods or services for which the trademark is not used in commerce;
- Date the trademark was last used in commerce;
- The approximate date on which commercial use is expected to resume;
- Details of the reason for non-use;
- Specific steps to be taken to resume use.
A trademark registration in the United States may be invalidated if it is proven that the trademark has not been used for three consecutive years during the term of its registration.
Comprehensive file (brand renewal and declaration of use)
Between the ninth and tenth year after the trademark is registered, you must file a joint declaration of acceptable use and/or non-use and an application to renew the trademark (the comprehensive file). There is a fee for each class of goods or services to file a joint declaration and an application to renew. There is a higher fee for each class if you file within the six-month grace period.
You must file a joint declaration and application for renewal of the trademark every ten years from the date of registration. Failure to submit the required documents for maintenance will result in cancellation or expiration of the registration. If your registration is cancelled, your only recourse will be to file a new application with a new filing fee.
Closing thoughts
Maintaining the validity of your trademark registration is essential to ensuring continued protection for your brand and intellectual property. Understanding the trademark renewal process, application requirements, and monitoring your trademark for any infringement or unauthorized use can help you protect your business interests.
By taking proactive steps to maintain your trademark registration, you can protect your brand identity and reputation for years to come.
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