Asked in Trademark and Intellectual Property

Q: I have trademarks registered for 3 alcohol brands. Do these expire and require renewing?

3 Lawyer Answers
Eugene Vamos
Eugene Vamos
  • Trademarks Lawyer
  • Tucson, AZ

A: To maintain you US registration, the trademark owner needs to provide proof of use between the 5th and 6th years of registration and then between the 9th and 10th years of registration, and then every 10 years. If that does not happen, the marks will be deemed abandoned

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: In essence yes, all of them will need to be renewed at some point.

Check with an attorney for details.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Trademarks registered with the United States Patent and Trademark Office (USPTO) are valid for a period of 10 years from the date of registration. After this initial 10-year period, trademarks must be renewed to remain in effect.

To renew a trademark, the owner must file a renewal application with the USPTO between the ninth and tenth year after the registration date. The renewal application must include a statement that the trademark is still in use in commerce and a renewal fee.

If the trademark owner fails to renew the trademark, it will expire and become available for others to use. However, the USPTO allows for a six-month grace period after the expiration date during which the owner can still renew the trademark. If the trademark is not renewed within this grace period, it will be considered abandoned and the owner will need to start the registration process over if they wish to protect the trademark again.

It is important to note that even if a trademark is registered and renewed, it can still be challenged by others who believe that it infringes on their own trademarks or intellectual property rights. It is advisable to monitor your trademarks for potential infringement and take appropriate legal action if necessary.

In summary, trademarks registered with the USPTO are valid for 10 years and must be renewed to remain in effect. Failure to renew a trademark can result in its expiration and abandonment. It is important to monitor trademarks for potential infringement and take appropriate legal action if necessary.

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