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Post 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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