The duration of a US Trademark or Service Mark is perpetual; provided the following conditions are met:
- The United States Patent and Trademark Office (USPTO) granted a federal Registration of the Trademark or Service Mark
- After registration, the Trademark/Service Mark is not canceled by the USPTO or court order
- The required government fees are paid in timely manner
- The required declarations of use are timely filed in USPTO
- The required evidence of use in commerce regulated by Congress is timely filed in the USPTO
Timing Required to Maintain a Trademark
There is a specific timing of Required Fees, Declarations and Evidence needed to Maintain a US Trademark/Service Mark Registration in full force and effect:
15 U.S.C. §1058. Duration, affidavits and fees
(a) Time periods for required affidavits
Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods:
(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this chapter or the date of the publication under section 1062(c) of this title.
(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration.
(3) The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director.
Illustrations of Timely Filings
To preserve the duration of a US Trademark Registration you must do the following:
- Between fifth and sixth year subsequent to registration, file required fees, declarations and evidence of use in USPTO
- Between ninth and tenth year subsequent to registration, file required fees, declarations and evidence of use in USPTO
- Between nineteenth and twentieth year subsequent to registration, file required fees, declarations and evidence of use in USPTO
- ***Subsequent to the ninth year USPTO filings, every tenth year interval, i.e, 19, 29th, 39th, etc. from the registration date
If your company needs assistance with its Trademarks/Service Marks, please contact Business Patent Law, PLLC.
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