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Registration Trademark Matters
What happens after the Trademark Registration is
granted? A Trademark Registration can remain in force
indefinitely, so long as certain requirements are met,
as follows.
- A
Statement of Continued Use is required between the
5th and 6th years from the date the Registration was
granted. This Statement of Continued Use is also
referred to as a Section 8 declaration or affidavit.
-
Incontestability: A Declaration under Section 15 can
be filed with the Statement of Continued Use, and is
often combined with it, in which case it is called a
Combined Declaration under Sections 8 and 15. This
renders the Trademark "incontestable" within the
meaning of the U.S. Trademark law, and is a
significant and important right.
-
Trademark registrations can be maintained in force,
i.e. renewed, by filing a Renewal Application at
10-year intervals. A Renewal Application is a short
form, and is also referred to as a Section 9
declaration or affidavit.
- A
Renewal Application must be accompanied by a
Statement of Continued Use. In view of this,
normally a single form is used which combines the
Renewal with the Statement of Continued Use, called
a Combined Declaration under Sections 8 and 9.
We have
experience preparing and filing all of the above for
registered Trademarks. Please contact us with your
questions concerning registered Trademarks.
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