Trademarks are an essential part of branding, serving as unique identifiers for a company’s products or services. The primary function of trademark protection is to grant the owner the exclusive right to use it in commerce. This means that no one else can use a similar mark in connection with the same type of goods or services. By maintaining the trademark’s good standing through proper use and renewal, a business can effectively safeguard its brand from infringement, unauthorized copying, or dilution. However, while trademarks hold significant value and are vital assets for businesses, it is important to understand the duration of a trademark’s protection.
How Long Will a Trademark Last?
Trademark registrations do not come with expiration dates. As long as trademarks are actively used and renewed on time, they can potentially last indefinitely. Specifically, a federal trademark registration remains valid for ten years from the date of registration and can be renewed an unlimited number of times in successive 10-year terms. This means that every ten years, a federal trademark registration owner must submit a renewal with the U.S. Patent and Trademark Office (USPTO) to keep the trademark protection in force.
How Do You Renew a Trademark?
To maintain the registration of your trademark, it is necessary to submit a Section 8 Declaration of Continued Use to the United States Patent and Trademark Office. This declaration needs to be filed between the ninth and tenth year following the initial registration of the trademark.
In addition to the Section 8 Declaration, you must provide evidence demonstrating the ongoing use of your trademark in commerce. This evidence can include examples such as product labels, advertising materials, packaging, or documentation of sales showing the use of the trademark in the ordinary course of trade.
Important Timelines for Trademark Renewal
In the United States, the first renewal of a trademark is necessary between the fifth and sixth year after its registration date. This renewal serves as a confirmation of the trademark’s use in commerce. Following this, subsequent renewals must be filed every ten years.
However, individuals need to be aware that during each renewal period, there exists a specific window of time for filing the renewal, typically starting a year before the expiration date. Failing to adhere to these deadlines can lead to incurring additional fees or, in severe cases, the cancellation of a trademark. It is also worth noting that the United States Patent and Trademark Office may not consistently send reminders, making it imperative to monitor these deadlines actively.
Steps To Take to Renew a Trademark
The first step in initiating the renewal process for your trademark is to check its current status in the USPTO database. You will want to verify that all the information about your trademark is accurate, as any discrepancies could impact the renewal process.
After ensuring the accuracy of your trademark information, the next step is to file the necessary forms with the USPTO. These required forms include a Declaration of Use (or Excusable Nonuse) and an Application for Renewal, which will confirm that the trademark is in use or detail why it is not in use.
Along with submitting the required forms, individuals will need to pay the renewal fees. If individuals fail to provide accurate payment, it can lead to potential delays or the rejection of the renewal application.
Considering the complexity of the renewal process, many individuals contact an experienced trademark lawyer for professional assistance. While it is not mandatory, a trademark attorney’s skills and experience can help ensure that the renewal process proceeds smoothly and is free from errors.
Contact TM Law Today To Learn More About the Trademark Renewal Process
If you have questions about the trademark renewal process or want assistance with your case, contact TM Law today and speak with an experienced trademark attorney about the issues you have.