Even though it may appear that way, your job does not end when the United States Patent and Trademark Office (USPTO) approves your trademark application. Undoubtedly, you must incorporate the use of your registered mark on or in connection with your business’s products and services. Down the line, there may even be a scenario where you take legal action against a third party unlawfully using your protected mark. And lastly, you may have to take steps toward its renewal for continued use. Keeping all that in mind, please continue reading to learn how long you are meant to own a trademark for and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help it last for as long as you conceivably need it for.
How long can I realistically own my trademark for?
To your surprise, your trademark and its protective powers may last indefinitely. And so, while you do not necessarily have to reapply for a specific mark, you may have to take measures to renew it. Essentially, this is because you must continually prove to the USPTO that your trademark is being actively used in commerce. This is regardless of whether it is affixed to your product itself, your product’s packaging materials, your service’s associated marketing displays, or otherwise.
What should I know about the trademark maintenance filings?
Specifically, you must first renew your trademark between the fifth and sixth month since the date of your initial registration. This requires you to fill out and file a Section 8 Declaration of Continued Use with the USPTO. Then, every 10 years thereafter, you must maintain your trademark protection through the Section 9 Application for Renewal, alongside the Section 8 Declaration of Continued Use.
What if I no longer find the need to maintain my trademark status?
Understandably, your business, and the products and services it offers to the general public, may evolve over time. With that, the trademark you first petitioned the USPTO for may no longer align with your business’s identity or goals. This may have you tempted to forgo the renewal process at the five or 10-year marks of your initial registration. However, instead of abandoning the mark you worked so hard to establish and protect all these years, you may sooner consider transferring or selling it.
After all, this is a piece of intellectual property you should profit from in some capacity. Once you follow through with this legal process, the new owner will file an Assignment of Ownership with the USPTO. Ultimately, you may rest easier knowing that your trademark will continue to flourish and be protected in someone else’s hands, whom you should trust.
If you still have lingering questions at this point in time, please do not hesitate to reach out to a skilled Essex County, New Jersey intellectual property lawyer. The team at The Ingber Law Firm will certainly be the perfect fit for you.