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FAQs

FAQs

How long is a trademark good for in the USA?

A USA trademark is valid for 10 years from the date when it was registered. However, in order to maintain this active status, the trademark owner has to file specific maintenance forms with the United States Patent and Trademark Office (USPTO).

In the fifth and sixth year of registration, the owner is to submit a Declaration of Use (Section 8), that the trademark remains in use in business. If this is not submitted, the trademark will be cancelled. The owner is also to submit a Combined Declaration of Use and Renewal Application (Sections 8 & 9) in the ninth and tenth year to maintain the trademark for another 10-year term.

A trademark may be renewed indefinitely provided the owner continues to use it in commerce and submits renewal papers on time. If a renewal is forgotten, the trademark registration is ended, and the owner forfeits exclusive rights to the mark, which becomes available for use by other entities.

A USPTO-registered trademark provides national protection, allowing the owner the right to sue for unauthorized use of the mark by others. Such protection provides an exclusive right to use the trademark with regard to specific goods or services, and legal remedies against infringement.

Maintaining a trademark involves continuous use, timely renewal submissions, and safeguarding against potential infringers. Businesses can maintain their trademarks current to prevent legal disputes by keeping them under observation. Professional assistance in order to manage renewal effectively may be beneficial.

For availing of professional services for professional advice on trademark registration, renewal, and enforcement, businesses can approach One IBC USA for comprehensive services.