Post-Registration
Once it is granted, trademark registration is valid for ten years and may be renewed for additional ten year terms as long as you continue to use the mark in commerce in connection with the goods or services specified. Before the ten-year expiration, the trademark owner must file a renewal for an additional ten years.
Between the fifth and sixth years following the issuance of the registration, there is a requirement to file a "Declaration of Continued Use" demonstrating how the mark is being used. Similarly, this affidavit must again be filed before the end of every ten-year period following the date of registration.
In addition to these mandatory filings, the owner of a trademark registered on the Principal Register can also file a "Declaration of Incontestability" which makes the rights in the mark incontestable. A trademark becomes incontestable when used in commerce for five consecutive years and the owner files this Declaration. Once achieved, incontestability is conclusive evidence of the validity of the registered mark and the owner's exclusive right to use the registered mark in commerce.
- Introduction
- Domain Names as Trademarks
- When is a Domain Name a Trademark?
- Forget the ".com"
- Distinctiveness
- Identify Your Products and Services
- What Trademarks Protect
- Benefits of Trademark Registration
- If You Don't Register
- Acquiring Trademark Rights
- Use in Commerce
- Intent to Use
- Trademark Search
- Why Trademark Search
- Electronic Filing
- Registration Refusal
- Post-Registration
- Trademark Infringement
- Cybersquatting
- Non-Infringing Use
