Post-Registration Matters

The U.S. Patent and Trademark Office cancels a trademark’s registration unless the registrant files an affidavit attesting to the ongoing continued use of the mark between the fifth and sixth year anniversary of the registration of the mark.  The continued use affidavit requirement reinforces the fundamental U.S. policy that trademark rights are based primarily upon use, not registration.

A trademark registration lasts for a limited term of ten years.  Shortly before the expiration of the ten-year term, the applicant must file a renewal application to secure an additional ten-year term.