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Rights in a federally-registered trademark can last indefinitely so long as the owner continues to use the mark to identify its goods or services and files all necessary documentation in the United States Patent and Trademark Office. > Documents to File In order to keep a registration alive, the owner of the registration must file, at appropriate times,
>Time Period for Filing Documents Between the 5th and 6th year after registration
the owner must file a Declaration of Continued Use or Excusable
Nonuse, (also known as a Section 8 Declaration). Failure to file
the Section 8 Declaration results in the cancellation of the registration.
(There is a 6-month grace period.)
After 5 consecutive years of continuous use in commerce following registration the owner may file, but is not required to file, a Declaration of Incontestability under Section 15 of the Trademark Act if, among other things, the mark is registered on the Principal Register. >> File §15 Declaration<< | >> File §8 & §15 Combo << Between the 9th and 10th year after registration, and every 10 years thereafter (for registrations issued or renewed on or after November 16, 1989) the owner must file a Section 8 Declaration and an Application for Renewal under Section 9 of the Trademark Act. Failure to file these documents results in the cancellation and expiration of the registration. (There is a 6-month grace period.)
>> Frequently Asked Questions about Maintaining a Trademark Registration |
Call the Trademark Assistance Center at 1-800-786-9199 for help on trademark matters. Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website. |
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