Panama City, FL asked in Trademark for Florida

Q: If I register a trademark, how long will that last? When do I have to renew it?

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3 Lawyer Answers
Yan Zong
Yan Zong
Answered

A: Hi, a trademark can last forever, as long as you are using it in the commerce and renew it with the Office. Around every 5 years, you need to file Declaration of Use and every ten years you need to "renew" it with the USPTO.

Ayesha Chidolue agrees with this answer

Benton R Patterson III
Benton R Patterson III
Answered
  • Trademarks Lawyer
  • Dallas, TX

A: The first renewal date for federally registered trademarks is between the 4th and 5th year after registration.

Matthew T. Kincaid
Matthew T. Kincaid
Answered
  • Trademarks Lawyer
  • Leawood, KS

A: A U.S. trademark is capable of lasting for an indefinite period of time. One must continue to use the mark in commerce and defend it against infringement.

Between the fifth and sixth year after registration, the registration owner must file a Trademark Act Section 8 affidavit of use (“Declaration of Use or Excusable Nonuse”) that includes fees and a specimen, among other things. Between the ninth and tenth year after registration, and at the end of each successive 10-year period after the date of registration (between the 19th and 20th year, the 29th and 30th year, etc.), the owner must file both a Section 8 affidavit (“Declaration of Use or Excusable Nonuse”) and a renewal application (“Application for Renewal”) under Section 9.

Non-use of a mark for three consecutive years creates a presumption that the mark has been abandoned.

Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information.

Griffin Klema agrees with this answer

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