The duration of a trademark registration is 10 years so long as between the 5th and 6th year after registration, the registrant files a Section 8 Affidavit of Continued Use. A Section 8 Affidavit must set forth those products/services recited in the registration on or in connection with which the mark is still in use in commerce and must include a specimen clearly evidencing continuing use of the mark for goods or services in each of the relevant classes. The USPTO notifies the registrant of the acceptance or refusal of the Section 8 Affidavit. If the registrant fails to file the Section 8 Affidavit, the mark will be deemed abandoned.
Between the 5th and 6th year after registration, the registrant also has the option of filing a Section 15 Declaration of Incontestability if the mark has been in continuous use for five or more years. An incontestable registration is “conclusive evidence of the validity of the registered mark and the registrant’s exclusive right to use the mark in commerce.” Due to the valuable evidentiary presumptions provided by an incontestable registration, it is highly recommended that this is timely filed.
Between the 9th and 10th year after registration, and each subsequent 10-year period, the registrant must file a second Section 8 Affidavit of Continued Use. In addition, if the registrant wishes to renew the registration for additional 10-year periods, the registrant must file a Section 9 Renewal Application. Internationally, there are similar maintenance filing requirements to maintain and renew your foreign trademark registrations.
MAVEN provides cost effective trademark portfolio management and maintenance services to manage a client’s U.S. and international trademark portfolio. MAVEN acts as a single point of contact for a client having international trademark portfolio for management and maintenance of the portfolio. MAVEN’s Portfolio Management & Maintenance Services include:
- Single point of contact for managing your U.S. national and international trademarks
- Complete file history of each trademark and document retrieval
- Deadline tracking and automated deadline notifications
- Latest trademark status update
- Regular reporting of status of trademark matters