Federally registered trademarks must be periodically renewed with the USPTO to remain active.
As a trademark client, we will calendar future renewals in our trademark docketing system and notify you when they are due so that your business doesn’t miss a deadline. We currently subscribe to DocketTrak and provide this service free of charge to clients. DocketTrak includes a trademark watch service that scans all USPTO Trademark applications and detects matches to trademark registrations. It also detects when the USPTO has determined that an application is confusingly similar to a docketed trademark registration or pending application. If we receive an alert from DocketTrak, we will notify you of any concerns.
Around the fifth year after trademark registration, the USPTO requires a Section 8 Declaration of Use filing.
A trademark owner must file a Section 8 Declaration of Use between the fifth and sixth year after registration. A trademark registration may also be eligible for Incontesability status. The Section 15 Declaration of Incontestability is optional but recommended in most cases to provide additional safeguards to protect the trademark.
A trademark owner must file a Section 8 Declaration of Use and a Section 9 Renewal Application between the ninth and tenth years after registration and every ten years after that.
With our experience in franchise and trademark law, we are well-versed in handling your company’s legal needs, allowing you to concentrate on growing your business.
