Proper trademark maintenance

You spent time, effort, and money getting your trademark. Do not let this be for nothing. You must maintain your trademark to ensure your rights remain intact. You must not only use your trademark continuously, but also demonstrate this to the USPTO. You must file a section 8 affidavit of use between the fifth and sixth year after registration. In this affidavit you must attest that you have been using your trademark in commerce for five years continuously on all items in your application and contain a specimen showing this. If you are not using it on some of the items, then they must be disclaimed. You must also file a section 8 affidavit along with a section 9 renewal application between the ninth and tenth year after registration and every ten years after. In addition, a section 15 declaration of incontestability may be filed any time after the five-year mark. This declaration is not mandatory, but will bolster the protection for your trademark. Many choose to file this at the same time as the first section 8 affidavit.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.