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Trademarks
Once you register your trademark, you will have legal ownership of the trademark. Additionally, you can have the U.S. Customs Service prevent the importation of goods that infringe on your trademark rights. However, if a domestic company infringes on your trademark, it is probably best to consult an attorney specializing in trademark law. The factual situation of your particular case will determine the best way to resolve the dispute. This is a decision an attorney can help you make.
Renewing a Trademark
For a trademark registration to remain valid, an Affidavit of Use must be filed:
- between the fifth and sixth year following registration, and
- within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a six month grace period after the end of the sixth or tenth year by paying an additional fee.
Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term. This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.
The registrant must file a renewal application within the year before the expiration date of a registration, or within a six month grace period after the expiration date by paying an additional fee.
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