10/15/2020
Did you know that after you register your trademark, you also have to renew it?
This morning I had a consultation with a client who forgot to renew his trademark and unfortunately, it’s now considered “DEAD.”
The United States Patent and Trademark Office (USPTO) has TWO maintenance/renewal requirements.
FIRST DEADLINE: The USPTO requires that a trademark owner file what’s called a “Declaration of Use” between the fifth and sixth year after the registration date. This filing proves to the USPTO that your mark is and has been in continuous use since its registration.
If you forget to file the Declaration of Use within the fifth and sixth year of registration, your trademark will be “CANCELLED.”
SECOND DEADLINE: You have to file a Declaration of Use and Application of Renewal between the 9th and 10th year after the registration date.
After these initial renewal requirements are met, you have to file a Declaration of Use and an Application for Renewal between every 9th and 10th year period, which is calculated from your trademark registration date.
The bottom line is to make sure to add calendar reminders once your trademark has been registered.
Bookmark this post as a reminder!
***The is for informational purposes only, no attorney client privilege has been formed.
