A trademark is a cornerstone of any business because it’s part of the company’s public identity. One of the primary considerations you have to think about when you’re dealing with a trademark is ensuring that you protect it.
Proper maintenance of your trademark registration is essential to preserve your exclusive rights to use it and to prevent cancellation. These are some important steps to remember to help maintain your trademark.
Continuous use in commerce
You have to consistently use your trademark in connection with the offerings of your company if you want to maintain it. Failing to use it can lead to abandonment, which can lead to cancellation. If you cease using the trademark, you can request for it to be deleted from the registry.
Mandatory maintenance filings
The United States Patent and Trademark Office mandates periodic filings to confirm the ongoing use of your trademark. Between the fifth and sixth years after registration, you must file a Declaration of Use and/or Excusable Nonuse under Section 8. Between the ninth and 10th years after registration, and every 10 years after, you must submit a combined Declaration of Use and/or Excusable Nonuse and an Application for Renewal under Sections 8 and 9.
These filings require a statement verifying the trademark’s use in commerce, proof demonstrating such use and the appropriate fees. Failure to file within the specified periods, including a six-month grace period that’s subject to additional fees, will result in cancellation or expiration of your registration.
Protecting your trademark registration must be handled precisely to ensure that your company’s intellectual property is safe. Seeking assistance from someone who’s familiar with maintaining trademark registrations is critical because it minimizes the risk of missteps.
