A federal trademark registration is valid for ten (10) years following the date of registration with the U.S. Patent and Trademark Office (USPTO). After this initial ten-year period, your registered trademark may be renewed indefinitely – allowing long term ownership and protection rights in the mark – but there are various filings required to ensure the continued validity of your registration.
The first trademark renewal is due between the 5th and 6th year following your trademark registration date. This filing is a Declaration of Use. Essentially, the USPTO would like to know that you are still using the trademark name and would like to maintain your active registration status. If the Declaration of Use is accepted, your registration will continue in force for the remainder of the ten-year term. If you fail to file a Declaration of Use within the specified time period, the USPTO will cancel your trademark registration.
During your initial ten-year registration period, there is a second renewal required between the 9th and 10th year following your registration date. Again, you must file a Declaration of Use, but also an Application for Renewal. Failure to file the Declaration and Application for Renewal will result in the USPTO canceling your registration.
If you comply with the above renewal requirements, your registration will be valid for another ten-year period, with renewal filings due only between the 9th and 10th year for all successive ten-year periods.
Please note the USPTO will not inform you of your trademark renewal deadlines! Failure to file timely renewals will result in cancellation of your trademark registration. It is your responsibility (or that of your trademark Attorney of Record) to timely file all renewal paperwork to ensure continued registration of your mark. Since trademark renewals are subject to applicable USPTO filing fees and professional service fees, your trademark attorney will likely advise you of upcoming deadlines and it will be your decision whether to proceed with the filings.
The attorneys at flatfeetrademark.com can assist you in preparing timely trademark registration renewals. Please contact us for more information or for renewal pricing information, (800) 769-7790.