It may take you anywhere between 12 to 18 months to complete the trademark application process, starting from when you initially file your application to the date your trademark is finally registered. You may be glad this extensive, time-consuming process is well behind you. However, you must not get too comfortable, as the date to renew your trademark registration may be creeping up on you slowly. The last thing you want is for this date to come and go without taking serious action. So, please read on to discover how long you can expect your trademark protection to last and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can work to ensure you meet these pivotal deadlines.
How long can I expect to have trademark protection for?
Well, the United States Patent and Trademark Office (USPTO) may protect your trademark for an indefinite period. However, this is so long as you continue to use your trademark in commerce. Plus, if you continue to renew its registrations at the given deadlines.
Essentially, your initial trademark registration may last for 10 years. Between the fifth and sixth year of this initial registration, though, you must file maintenance documents to keep it active. Specifically, you must submit the Declaration of Use and/or Excusable Nonuse under section 8. This documentation is needed to prove to the USPTO that you have not abandoned your trademark.
Then, between the ninth and tenth year of your initial registration, you must file the Declaration of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9. Lastly, for every 10 years thereafter, you must make subsequent filings of these petitions. So, between the nineteenth and twentieth year, the twenty-ninth and thirtieth year, etc.
What happens if I do not renew my trademark protection on time?
Of note, the USPTO may send you courtesy reminders regarding your upcoming maintenance filing deadlines. You must not ignore or put off these reminders for too long. This is because, if you fail to renew your trademark protection on time, your trademark may ultimately get canceled. This means the protection once provided for you may be terminated effective immediately.
It is worth mentioning that the USPTO may offer you a six-month grace period after this maintenance deadline to file the appropriate paperwork. However, this may come with an additional filing fee. If you still miss this grace period deadline, you may attempt to go through the initial trademark application process all over again. But, as you may already know, this is simply more time-consuming and costly for you in the long run.
If you think now is the time to get started on your trademark application, then please reach out to a competent Essex County, New Jersey intellectual property lawyer. Our team at The Ingber Law Firm is well-equipped to take on your case.
