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,

1. an affidavit or declaration of continued use or excusable nonuse under Section 8 of the Trademark Act (also known as a Section 8 Declaration); and
2. an application for renewal under Section 9 of the Trademark Act (also known as a Section 9 Renewal) In addition, the owner of a registration on the Principal Register may file a Declaration of Incontestability under Section 15 (Section 15 Declaration) of the Trademark Act.

>Time Period for Filing Documents

>> File §8 Declaration <<

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.)

>> File §8 & §9 Combo <<

>> Frequently Asked Questions about Maintaining a Trademark Registration

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