Castro Valley, CA asked in Trademark for California

Q: Trademark expiration and renewal duration in the U.S.

What is the duration before a trademark needs renewal in the U.S., and what are the general rules for trademark expiration?

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2 Lawyer Answers

A: A Trademark in the US must be renewed between the 5th and 6th year of registration by filing a Section 8 renewal. The mark must also be renewed on the 10th anniversary by filing a Section 8 & 9 with the USPTO. Thereafter, you must renew your mark every 10 years. Failure to file a timely renewal in the US will cause the mark to be abandoned.

James L. Arrasmith
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Answered

A: In the United States, your trademark registration lasts for 10 years from the date of registration. However, you'll need to file a Declaration of Continued Use between the 5th and 6th year after registration to maintain your rights.

To keep your trademark active beyond the initial 10-year period, you must file for renewal during the year before the expiration date. Missing these deadlines can result in the cancellation of your registration, though there is a six-month grace period available for late renewal with additional fees.

Your trademark can expire if you stop using it in commerce, abandon it, or fail to defend it against infringement. This concept is known as "trademark abandonment," which typically occurs after three consecutive years of non-use. Remember that maintaining proper documentation of your trademark's use in commerce is crucial for preserving your rights and preventing expiration.

Keep in mind that timely renewals and consistent use in commerce are key to maintaining your trademark protection. Working with qualified legal counsel can help ensure you meet all necessary deadlines and requirements for trademark maintenance.

Alan Harrison agrees with this answer

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