How to Renew Your Trademark in the USA
23-05-10
Introduction
In the United States, trademarks must be renewed every ten years. This process ensures that trademark owners maintain their exclusive rights to use their marks in commerce. Here's a step-by-step guide on how to renew your trademark in the USA.
1. Renewal Eligibility:
Trademark renewal can occur between the 5th and 6th year after registration if the mark is still in use. Owners must ensure that their trademarks are actively used to be eligible for renewal.
2. Filing Maintenance Documents:
To renew a trademark, owners must file the necessary maintenance documents with the United States Patent and Trademark Office (USPTO) within the specified time frames. These documents include:
- Statement of Use (SOU):
- Confirms ongoing use of the trademark as originally registered.
- Declaration of Incontestability:
- Optional document providing further protection against challenges or infringement.
3. Types of Trademarks:
In the US, there are two main types of trademarks:
- Federal Trademarks:
- Offer broader protection and allow interstate or international use.
- State Trademarks:
- Provide more limited protection, applicable only within the state of registration.
4. Renewal Process Comparison:
- Federal trademarks offer extensive protection but are more complex and costly to maintain.
- State trademarks are simpler and quicker to obtain but have limited geographic scope.
5. Tracking Renewal Deadlines:
Unlike the EU, the US does not send reminders for renewal deadlines. It's essential for trademark owners to track these deadlines diligently to avoid lapses in registration.
Conclusion
Renewing your trademark in the USA is crucial for maintaining your exclusive rights and protecting your brand. By understanding the renewal process and meeting all legal requirements, you can ensure continued ownership of your trademark.
For information on EU renewals, refer to our blog.
