• Use Affidavit is Required during 6th Year of Registration
    Incontestability Affidavit is possible after 5 years of continuous use from registration date
    Additional rights gained, including cutting off prior users rights
    Renewal
    Every 10 Years from initial registration date
    Must show use of the mark is in use at the time of both maintenance and at renewal ( 8 Affidavit)
    It is now permitted within 6 months of due date upon payment of additional fees to file a belated maintenance of renewal affidavit.
    Failure to maintain or renew your mark will result in cancellation of the registration
    Unlike when you own real property, the USPTO does not send out notices to trademark owners letting them know that they have to file and pay a fee in order to keep their registration alive. There are many third parties that try and take advantage of this by sending out government looking formal documents and seeking payments for these services. As a part of the services that we offer as a firm to our clients, we provide our clients with ample warning of due dates well in advance, and because of our sophisticated records management system, can produce reports of our clients marks at any time.