Cameron Miranda
In the United States, a federally registered trademark is protected for ten years from the date of registration or publication. This protection can be maintained indefinitely as long as specific renewal requirements and deadlines are met. To maintain federal registration, trademark owners must use their trademark in commerce and file certain documents at regular intervals to demonstrate continued use. Failure to maintain trademark registration will result in losing federal registration and the need to reapply. Trademark protection may also be terminated if the holder abandons the mark, fails to meet required use standards, or if it is found that the mark infringes on another trademark.
| Characteristics | Values |
|---|---|
| Initial registration period | 10 years from the date of registration or the date of publication if the registration is based on a foreign or international registration |
| Renewal period | Every 10 years |
| Protection | Throughout the United States and its territories |
| Symbol | ® |
| Requirements | Use the trademark in commerce, file certain documents at regular intervals, and pay fees |
| Loss of registration | Failure to maintain trademark registration at specified intervals, non-compliance with renewal requirements and deadlines, abandonment of the mark, failure to meet required use standards |
| Federal registration validity outside the United States | No, but certain countries recognize a United States registration as a basis for filing an application to register a mark in their country |
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What You'll Learn
- Protection length: 10 years, renewable indefinitely
- Registration requirements: Use in commerce, file documents regularly
- Registration benefits: Ownership presumption, federal court rights
- Registration symbol: ® can be used to show registration
- Unregistered marks: Some common law and state-level protections
Protection length: 10 years, renewable indefinitely
In the United States, a federally registered trademark is initially protected for 10 years from the date of registration or the date of publication if the registration is based on a foreign or international registration. Trademark holders can renew their trademark indefinitely, as long as they comply with renewal requirements and deadlines.
To maintain federal registration, trademark owners must use their trademark in commerce and file certain documents at regular intervals to show continued use. This includes filing a Declaration of Use and/or Excusable Nonuse between the fifth and sixth years after registration, and again between the ninth and tenth years. Every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.), trademark owners must file subsequent Declarations of Use and/or Excusable Nonuse and an Application for Renewal. If these documents are not filed before the deadline, the trademark registration will be canceled or will expire.
Registering a trademark with the United States Patent and Trademark Office (USPTO) creates rights throughout the United States and its territories. This includes the right to use the federal trademark registration symbol (®) and to rely on these rights to protect your trademark as you expand your business across state lines. However, it is important to note that the USPTO is not an enforcement agency, so trademark owners will be responsible for pursuing any infringing users.
Federal registration provides several advantages, including the right to bring a lawsuit concerning the trademark in federal court, the presumption of ownership, and the ability to record your registration with U.S. Customs and Border Protection (CBP) to stop the importation of goods with an infringing trademark. Additionally, federal registration serves as a basis for filing for trademark protection in foreign countries and provides constructive notice of ownership to others.
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Registration requirements: Use in commerce, file documents regularly
Registering a trademark with a U.S. state grants rights within that state only. This means that if you expand your business across state lines, you will need to register your trademark in other states or apply for federal registration. Notably, not all states have trademark registration databases, which means that third parties may not be aware of your trademark rights in those states. Therefore, registering your trademark with the USPTO is advisable, as it creates rights throughout the entire United States and its territories. It also includes your registration in a publicly accessible database of registered trademarks.
To maintain your trademark registration and keep it alive, you must use your trademark in commerce. This means that the trademark must be used in commerce that can be lawfully regulated and controlled by the United States Congress. You must also file certain documents at regular intervals to show that you are continuing to use your trademark. These documents must be filed before the deadline, or your registration will be canceled or expire, or your extension of protection to the U.S. will be invalidated.
Most applicants submit specimens when they apply to show that they are using their trademark. However, demonstrating trademark use once is insufficient. To maintain registration and its benefits, trademark owners must regularly demonstrate use throughout the life of their trademark. This includes keeping registration information accurate so that it only lists goods and services on which the trademark is currently being used in commerce.
The USPTO charges a fee to ensure that trademark registration information is kept up to date. This fee must be paid at prescribed, periodic intervals. For example, a maintenance document must be filed after a trademark has been registered for five years. If the trademark owner does not maintain their registration at these intervals, they will lose their federal registration and will need to restart the application process.
The following deadlines apply to filing maintenance documents:
- Between the fifth and sixth years after the registration date: File a Declaration of Use and/or Excusable Nonuse under section 8
- Between the ninth and 10th years after the registration date: File the first Declaration of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9
- Every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.): File subsequent Declarations of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9
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Registration benefits: Ownership presumption, federal court rights
Registering a trademark is not mandatory, but it does come with certain advantages. One of the key benefits is the legal presumption of ownership, which grants the right to use the trademark across the United States. This presumption of ownership is a significant advantage in federal court, where the registration certificate serves as proof of ownership, reducing the need for extensive evidence.
The registration of a trademark with the USPTO creates rights and protections throughout the United States and its territories. This federal registration is particularly valuable when compared to state-level registration, which only provides rights within that specific state. Without federal registration, the trademark owner is responsible for preventing others from using their trademark and enforcing their rights.
Another advantage of federal registration is the ability to use the ® symbol, which serves as a powerful deterrent to others, indicating that the trademark is registered and protected. This symbol can only be used after successful registration with the USPTO and in connection with the goods or services listed in the application.
Federal registration also provides a public record of the trademark claim, putting others on notice and helping to establish presumptive evidence of ownership and exclusive rights. This public record can be particularly useful if legal action becomes necessary, as it strengthens the case for trademark protection.
To maintain federal trademark registration, it is essential to use the trademark in commerce and file certain documents at regular intervals. These documents, such as the Declaration of Use and/or Excusable Nonuse and the Application for Renewal, must be submitted within specified deadlines to keep the registration active. Failure to maintain the registration may result in cancellation or expiration.
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Registration symbol: ® can be used to show registration
A trademark is always connected to the specific goods or services sold to customers with that trademark. Registering a trademark with the United States Patent and Trademark Office (USPTO) creates rights throughout the entire United States and its territories, and includes your registration in a publicly accessible database of registered trademarks.
A federally registered trademark in the US receives protection for ten years from the date of registration or the date of publication if the registration is based on a foreign or international registration. Trademark protection may be renewed and maintained indefinitely, as long as the owner complies with renewal requirements and deadlines. To maintain a trademark registration, the owner must file certain documents at regular intervals to show that they are continuing to use their trademark. These include:
- Between the fifth and sixth years after the registration date: File a Declaration of Use and/or Excusable Nonuse under section 8.
- Between the ninth and tenth years after the registration date: File the first Declaration of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9.
- Every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.): File subsequent Declarations of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9.
If the trademark meets certain legal requirements, including at least five years of continuous use in commerce, the owner may file an optional Declaration of Incontestability under section 15. This means that a trademark can no longer be challenged for being descriptive.
Once a trademark is registered, the ® symbol can be used to show that it is registered with the USPTO. The ® symbol may only be used on goods or services that are the subject of the federal trademark registration. The use of the ® symbol may help deter others from using the trademark or one too similar to it.
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Unregistered marks: Some common law and state-level protections
Although registering a trademark with the United States Patent and Trademark Office (USPTO) provides trademark owners with federal-level protection, there are some protections for unregistered marks under common law and state-level protections.
Common law rights are based on the use of a trademark in commerce within a particular geographic area. These rights are limited to the region where the unregistered trademark is used. However, common law provides some protection for unregistered trademarks from infringement and dilution. Under common law, trademark owners can send a cease-and-desist letter to try to stop someone from using their trademark without their license. To bring a lawsuit in federal court, the infringer must live in a different state, and the amount in controversy must exceed $75,000, or the case must depend on interpreting federal law, such as the Lanham Act.
State-level protections for unregistered trademarks vary, and not all states have trademark registration databases. Registering a trademark with a particular state creates rights in that state only. Most states have adopted either the Uniform Deceptive Trade Practices Act or the Model Trademark Bill, which provide protections for unregistered trademarks based on unfair competition laws.
To maintain federal registration, trademark owners must use their trademark in commerce and file certain documents at regular intervals to demonstrate continued use. These include filing a Declaration of Use and/or Excusable Nonuse between the fifth and sixth years after registration, and every ten years after that. Additionally, trademark owners must pay fees to keep their registration up to date and notify the USPTO of any changes in trademark use. Failure to maintain these requirements will result in the loss of federal registration.
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Frequently asked questions
In the United States, a federally registered trademark is protected for ten years from the date of registration. After this, trademark holders can renew their trademark indefinitely, as long as they comply with renewal requirements and deadlines.
Trademark owners must file certain documents at regular intervals to show that they are continuing to use their trademark. These include a Declaration of Use and/or Excusable Nonuse, and an Application for Renewal. The first Declaration of Use must be filed between the fifth and sixth years after the registration date. The first Application for Renewal must be filed between the ninth and tenth years after registration, and then every ten years after that.
If you don't renew your trademark registration, you'll lose your federal registration and will need to start the application process over.
Yes, unregistered trademarks may be protected under common law and unfair competition laws. However, the range of protection is limited to the region where the trademark is used.
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