Trademark Owners: Key 5-Year & 10-Year Maintenance Filings
Trademark owners must stay vigilant to maintain their registrations. Key milestones at the 5-year and 10-year marks require specific filings with the USPTO to keep trademarks valid.
At the 5-year mark, trademark owners must file a Declaration of Use and a specimen demonstrating current use. An optional Declaration of Incontestability can also be submitted. This process helps protect the trademark's integrity and ensures it remains distinctive. Consulting with a qualified trademark attorney can guide owners through these requirements.
The USPTO enforces these maintenance requirements to prevent misuse and protect legal rights and public trust. Similar rules apply in many other countries, such as documentary proof of use and non-use cancellation policies. Between the 5th and 6th year, a Declaration of Use (or Excusable Nonuse) is required. At the 10th year and every decade thereafter, a combined Declaration of Use and Application for Renewal must be filed to maintain the trademark's validity.
Trademark registration is just the start. Understanding and adhering to maintenance requirements is crucial to protect and extend a trademark's life. Failing to meet these deadlines can lead to registration cancellation, so owners must stay informed and proactive.
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