Congratulations. Your trademark has been registered. You’re done with it forever now, right?
No. Trademark renewal is your next step.
Trademark renewal is required between the 5th and 6th year after registration of your trademark.
To renew your trademark registration, you must file a Statement of Use with the USPTO. This Statement of Use demonstrates that you are continuing to use the mark in interstate commerce.
You must do that again 5 years after that … and 5 years after that … and so on.
You do not have an entitlement to trademark registration on a permanent basis.
The benefits of trademark registration remain yours only so long as you are still using the trademark in commerce.
If you are no longer using it, the mark is Abandoned.
If you are using it but fail to timely prove that to the USPTO, the mark is also Abandoned.
Further, after 10 years, you have the opportunity to file a Declaration of Incontestability with the USPTO.
This gives you an enormous advantage over other mark-users should the question of priority of use and entitlement to trademark protection arise in litigation.
The Hilla Law Firm will review your filings with the USPTO and advise you as to whether a Statement of Use must be filed and when and will prepare and file it for you for an affordable flat fee and whether a Declaration of Incontestability is timely and appropriate for your mark.
The Hilla Law Firm is located in the Detroit area but represents clients globally for US trademark matters and offers virtual consultations.
If you are interested in discussing the filing of an initial trademark application, Trademark renewal, or defending an Office Action already filed, click the button below to schedule a consultation.