What you’ll discover:
How to Get Unlimited Protections
Time Exceptions to the “Use” Requirement and the Necessity of Submitting Trademark Documents
It would be counterproductive to file a trademark just to have it expire while you are still in business. Thankfully, once your trademark is registered with the United States Patent and Trademark Office (USPTO), it is legally protected for an infinite amount of time. But, in order to keep your trademark protection permanently, you must fulfill various USPTO requirements.
How to Get Unlimited Protections
The most important condition is that the trademark be utilized. You must not only use the trademark, but also submit a Section 8 Declaration of Use to the USPTO within five years of the date the trademark was first registered. This will give you an additional five years of trademark protection. The USPTO will then ask you to file a combined Declaration of Use and Application for Renewal under Sections 8 and 9 in the ninth or tenth year after registration. This process must be done every 10 years after that, but it will give you with nearly limitless trademark protection as long as you submit the required paperwork on time and pay the costs.
The Significance of On-Time Trademark Filing
What happens if you fail to submit your paperwork on time or if the cheque you made to pay the costs bounces? No, it does not. If you do not provide the required documentation and money, your registration will be terminated permanently. Your trademark will not be able to be revived or reinstated. As a result, it is critical that you submit all of your paperwork on time. Of course, you should also make certain that the trademark is being used before the five-year mark, since if it isn’t, the registration will be terminated.
Exceptions to the “Use” Clause
In exceptional circumstances, the USPTO may accept a nonuse claim provided it meets the standards established in the Trademark Manual of Examining Procedure. It should be noted, however, that the USPTO only approves nonuse claims in unusual instances.
