How Do I Maintain a Trademark?

Federal trademark registration must be “maintained” by making additional filings with the USPTO. Maintenance deadlines occur five years after registration and every ten years after registration, as outlined in detail below. Failure to meet these deadlines will result in the cancellation of the trademark.

First, between the fifth and sixth years following registration, a registrant must file an Affidavit of Use (§8 Affidavit). To achieve incontestability, a registrant should also file anAffidavit of Incontestability (§15 Affidavit) at the same time.

Second, between the ninth and tenth years following registration, a registrant must also file a §9 Renewal Application (§9 Renewal). Assuming the §8 Affidavit and §9 Renewal are timely filed as indicated above, the registration will be renewed for a ten-year term.

After the first ten years, the trademark is renewable indefinitely in ten-year increments. Every ten years, between the 9th and 10th anniversaries of registration, the registrant must file a §8 Affidavit and §9 Renewal.

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