Do You Have to Re-Register Your Trademark to Keep in Active?

Does federal trademark protection last forever? It can—but it requires continued compliance with trademark regulations and periodic re-registration referred to as trademark maintenance filings. Indeed, a federal trademark needs to be re-registered (mainained)with the filing of a declaration of use between the fifth and sixth year of the registration date, between the ninth and tenth years of the registration date, and every ten years thereafter. In this article, our Florida trademark registration lawyer provides an overview of the key points to understand about keeping your federal trademark registration active.

 To keep a Federal Trademark Active a Declaration of Use and/or Excusable Nonuse Must be Filed with the USPTO

You should be prepared to file the necessary documents between the fifth and sixth year of your trademark registration to continue to maintain your trademark. This is referred to as a Section 8 Declaration of Use.

A Federal Trademark Must Be Re-Registered Every Ten Years 

You should be prepared to re-register your federal trademark. A federal trademark registration lasts for ten years. At that point, it must be re-registered. To be clear, the ten-year re-registration cycle is far more than a mere bureaucratic formality. It serves as a checkpoint to confirm that your trademark is still in use in commerce. Companies should protect their trademark by ensuring that it is re-registered in a timely manner by filing the necessary information and submitting the maintenance filing fee.

 What You Need to Do to Keep Your Trademark Active 

As explained by the United States Patent and Trademark Office (USPTO), there are certain criteria that must be met in order for a federal trademark registration to remain active. Here are some essential steps that companies in Florida and nationwide should follow to protect their registration:

• Monitor the Expiry Date: Be proactive. Keep track of when your trademark’s current registration period is due to expire. Missing a deadline can lead to complications and possibly even loss of trademark rights.
• File a Declaration of Use: Between the fifth and sixth year after registration, you must file a “Declaration of Use” (Section 8 Affidavit) with the USPTO, proving that your trademark is still in use. Failure to do so can result in the cancellation of your registration.
• Apply for Renewal: Every ten years, you need to apply for renewal of your trademark registration. Along with other things, this part of the process involves submitting a combined Declaration of Use and Application for Renewal.
• Update Your Registration: If there have been any changes to your trademark or its use, now is the time to update your registration. This ensures that the USPTO’s records accurately reflect the current status of your mark.
• Pay the Required Fees: Each step in maintaining your trademark’s active status involves certain fees. Ensure these are paid in full and on time to avoid any delays or issues with your renewal.

A Trademark Can Be Renewed an Indefinite Number of Times 

There is no limit to the amount of time that a business or entrepreneur can hold federal trademark rights. Indeed, a trademark can be renewed for an indefinite number of times. In other words, a business in Florida could technically hold a trademark forever.  As long as you continue to use the mark in commerce and adhere to the re-registration process and deadlines, your rights to the trademark can theoretically last as long as requirements are met.

 Consult With Our Florida Trademark Registration Attorney Today

At Perkins Law, our Florida trademark registration lawyer has the skills, knowledge, and legal expertise that you can trust. If you have any questions about keeping your trademark registration active, please do not hesitate to contact us today for a completely confidential initial consultation. We provide representation in trademark registration matters throughout South Florida and throughout the United States.

Source:

uspto.gov/trademarks/maintain/keeping-your-registration-alive