In the U.S. the United States Patent and Trademark Office has developed procedures of renewals for registered trademarks. Between the fifth and sixth year after registration, registrants must file a Section 15 declaration of incontestability if the mark has been in continuous use since registration. Incontestability means that the registration is “conclusive evidence of the validity of the registered mark and the registrant’s exclusive right to use the mark in commerce”.
Similarly, between the ninth and tenth year of registration, registrants must file a Section 8 “Affidavit of Continued Use” and a renewal application if the registrant wishes to renew the registration for an additional 10 years. Those filings create valuable evidentiary presumptions provided by incontestable registration and also maintain the registration alive, hence, it is crucial that they are accurately and timely filed.
We assist you in tracking deadlines on trademark maintenance as well as in preparing and filing the necessary affidavits and renewals to preserve and strengthen their trademarks.
Oppenheim Law | Trademark Renewal Filings
2500 Weston Rd #209
Fort Lauderdale, FL 33331
954-384-6114