Q: How long does trademarks last? I filed last year and lawyer is asking to renew under declaration section 8.
Dont they last 10 years? 1 year seems too little to be already paying for renewal
I would guess there was a misunderstanding between you and your lawyer. Once a federal trademark is registered, it lasts 10 years, and a renewal application can be filed between the 9th and 10th year from registration (but before the 10-year anniversary, in order to avoid additional fees and potential cancellation). In addition to the renewal requirement, a one-time declaration of use (Under Section 8 of the Trademark Act) must be filed with the USPTO between the 5th and 6th year from registration (prior to the 6-year anniversary). For example, if your trademark was registered on January 1, 2020 then the deadline to file your Section 8 declaration of use will be January 1, 2026 and if you comply with that requirement, then your first renewal deadline will be January 1, 2030. Assuming you timely filed both the Section 8 declaration and the first renewal, your trademark will be due for renewal every ten years thereafter (01/01/2040, etc.).
If your registration was registered last year (in 2021) then your Section 8 declaration of use will be due sometime in 2027, depending on your exact date of registration, and the Declaration cannot possibly be due in 2022.
But another question is whether your mark was actually registered in 2021 or whether you filed your initial application with the USPTO in 2021 and the mark is still pending. Because if the application was filed in 2021 claiming "intent to use," then I would expect the USPTO to issue a Notice of Allowance sometime in 2022, and so perhaps your lawyer reported that Notice of Allowance and is asking you about filing a Statement of Use in response to that Notice? The filing of a Statement of Use is necessary to finalize an intent-to-use application and obtain the registration certificate. I would suggest you clarify with your lawyer. There was probably a miscommunication of some kind. Good luck!
This is not legal advice. This answer was provided for general information only. I am not your lawyer.
Fritz-Howard Raymond Clapp agrees with this answer
A: I just would like to add that some countries may have less than 10 years period of trademark validity. But the general "default" trademark validity period is 10 years with option to renew it for another 10 year period. You can renew it indefinitely as long as you do not miss the renewing period which is usually set to 6 months or 1 year before end of the validity.
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