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Maintaining a trademark registration

How long does a trademark registration last?


For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration.  The registrant may file the Section 8 Affidavit within a grace period of six months after the end of the sixth or every tenth year, with payment of an additional fee.  The registrant must also file a Section 9 renewal application (Section 9 Renewal) within the year before the end of each successive 10-year period following the date of registration, or within a grace period of six months thereafter, with payment of an additional fee.  Assuming the Section 8 Affidavit and Section 9 Renewal are timely-filed as indicated above, the registration will be renewed for a 10-year term.  If the Section 8 Affidavit and Section 9 Renewal are not timely filed, the registration will be cancelled.  Registrations cancelled due to the failure to file a Section 8 Affidavit and Section 9 Renewal cannot be revived or reinstated. 

The required forms may be filed through the Trademark Electronic Application System (TEAS) (click on "File Forms Online" from the main USPTO Home Page under the Trademark column), and then from within TEAS select the category "REGISTRATION MAINTENANCE/RENEWAL FORMS."


 

United States Patent and Trademark Office
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Last Modified: 10/11/2011 6:08:52 PM