Trademark Renewal in Detroit, MI
A trademark registration must be renewed at regular intervals to be maintained.
Unlike copyright or patent registration, to retain the right of exclusive use of your registered trademark, you must regularly demonstrate to the US Patent and Trademark Office (USPTO) that you are still using the trademark “in commerce.”
This is because trademark law exists to protect consumers’ right to know what they are buying-and from whom. If you are no longer using the trademark to sell something, it becomes available for others to use.
Further, with each required trademark renewal, you are required not only to prove to the USPTO that you are continuing to use your mark in commerce generally but that you are using it in commerce in relation to all of the goods and services included in your original registration application.
Noble Path Legal PLLC, d/b/a Noble Path Trademark Law, will help you to ensure that your registered trademark is properly renewed-before all required deadlines pass.
USPTO Trademark Renewal Requirements
The USPTO requires that you renew your trademark with the filing of a Statement of Use at the following intervals:
- Between the 5th and 6th years after your trademark registration date;
- Between the 9th and 10th years after your trademark registration date;
- Every 10 years after that.
Additionally, you have the option to file a Declaration of Incontestability after your 5th year of use.
What Is a Declaration of Incontestability?
The Declaration of Incontestability is a further statement that can be filed after 5 years of continuous use in interstate commerce (and the filing of the Statement of Use attesting to that).
Only trademarks registered on the Principal Register and not the Supplemental Register are eligible.
The statement is a declaration that the mark has been in use for the required 5-year period of time continuously-and is still in use-and that there is no judicial decision against the owner’s right to keep the registration or any legal proceeding underway involving the trademark, either before the USPTO or in a court of law.
An “Incontestable” trademark registration is a major advantage in any infringement litigation.
Our Trademark Renewal Service Includes:
- Our Appearance Counsel of Record on your behalf with the USPTO if we aren’t already;
- The draft and filing of your Statement of Use OR Declaration of Incontestability;
- Assistance with the production of an appropriate Specimen demonstrating use;
- Draft and filing of your Statement of Use Specimen (evidencing your use of your registered trademark in commerce);
- All client communications.
Renew Your Trademark Registration Now
Click the button below to schedule you free initial consultation and submit information about the trademark registration you need to renew. There is no charge for our initial conversation. All services are conducted virtually.
We represent trademark clients anywhere in the United States.