Trademarks in the United States can last indefinitely, as long as the owner continues to use the trademark in commerce and renews the registration every 10 years. The United States Patent and Trademark Office (USPTO) will send a renewal notice to the trademark owner six months before the registration expires. The owner must file the renewal application and pay the renewal fee within six months of the expiration date to keep the registration alive.
If the owner fails to renew the registration, the trademark will become abandoned and anyone can use it without permission. However, the original owner can still refile the trademark application and regain the trademark rights, as long as no one else has started using the trademark in the meantime.
Here is a summary of how to keep a trademark registration alive:
- Use the trademark in commerce on or before the registration date.
- File a Declaration of Use or Excusable Nonuse between the fifth and sixth years after the registration date.
- File a Renewal Application between the ninth and tenth years after the registration date, and every 10 years thereafter.
If you have any questions about trademark maintenance, you should consult with an attorney.
FAQs
Frequently Asked Questions
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