Practice Area

Trademark Maintenance and Renewal

USPTO

Situation — How This Comes Up

I received a notice that my trademark registration is about to be cancelled for non-use.

What You Need to Know First

A trademark registration that is not properly maintained is automatically cancelled. The Section 8 and Section 15 deadlines are jurisdictional — missing them cannot be cured after the fact.

Full Analysis

Federal trademark registrations require Section 8 declarations of continued use between years 5 and 6, Section 15 incontestability declarations, and Section 9 renewals every 10 years. Failure to file results in automatic cancellation.

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