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  • Writer's pictureTodd

Does My Trademark Expire?

Theoretically speaking, your trademark could last for forever, but there are steps you have to take for that to happen.

First and foremost you must continuously use your mark in commerce. When you file maintenance documents, you will be declaring that you are using your mark for the goods and services listed in your trademark application.

If you stop using your trademark for some of the goods and/or services listed in your application, you’re going to want to let your trademark attorney know so that you can delete those goods and services from your registration. You can do this prior to maintenance, but if you don’t, you could get a “random” audit and you’ll have to pay a fee for each class with deletions.

Between the fifth and sixth year after your mark was registered, you must file a Declaration of Use and/or Excusable Nonuse.

Between the ninth and tenth year after your mark was registered, you must file the Declaration of use and/or Excusable Nonuse AND an Application for Renewal.

After that, you must file Declarations of Use and/or Excusable Nonuse AND an Application for Renewal every 10 years after that.

The USPTO does provide a sixth month grace period to file, so you essentially have an eighteen month window, but the earlier you get your declarations and renewals filed within that window, the better, so you don’t forget. Of course, the USPTO charges a per class filing fee for these actions.

What’s the consequence if you don’t meet the deadline? Your mark will be cancelled. That means you have to start the application process all over again, so you want to make sure you meet those deadlines. Your trademark attorney should be calendaring these important dates and providing you with reminders.

In conclusion, like diamonds, trademarks are forever, as long as you continue to use the mark and you do the required maintenance.

Please note that the information contained in this article is intended for general informational purposes only and not as specific legal advice. The facts of your situation may differ from this general information. It is not intended to and does not in any way establish an attorney-client relationship.

If you wish to schedule a consultation, let’s work together on your trademark needs


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