Trademark renewal rules in the United States of America USA
23-05-10
In the United States, a trademark has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed. To do so, the owner must file the maintenance documents required by the (USPTO) within the adequate time frames and meet the legal requirements for the trademark to be renewed as follows:
The maintenance files include the following:
A Statement of Use (SOU); it confirms that the owner is still using the trademark as it was originally issued.
A Declaration of Incontestability; this is not mandatory. It just provides further protection in case of future challenges or infringement. It states that the owner's trademark cannot be challenged.
In the US, there are two types of trademarks, federal and state trademarks.
1- Federal trademark that offers way more protection than state trademarks. It allows the trademark to be used interstate or internationally, however it is more costly and complex.
2- A state registration that is quick and easy to obtain, but the trademark can only be used within the state where it is registered.
Unlike EU renewals, the US does not send reminders about an upcoming renewal, therefore, it's crucial to ensure that filing deadlines are tracked well to ensure that they are not lapsed. Refer to our blog for renewals in the EU
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