Congratulations. You have obtained Federal registration of your trademark. Is the protection that registration extends yours forever?
Between the 5th and 6th year after registration of your trademark, you must file a Statement of Use with the US Patent and Trademark Office (USPTO) demonstrating that you are continuing to use the mark in interstate commerce. You must do that again 5 years after that ... and 5 years after that ... and so on.
You do not have an entitlement to trademark registration on a permanent basis. The registration and the benefits it confers persist only so long as consumers require a guarantee of the source and quality of the product or service with which it is associated.
If you are no longer using it, the mark is Abandoned.
If you are using it but fail to timely prove that to the USPTO, the mark is also Abandoned.
Further, after 10 years, you have the opportunity to file a Declaration of Incontestability with the USPTO, which gives you an enormous advantage over other mark-users should the question of priority of use and entitlement to trademark protection arise in litigation.
The Hilla Law Firm will review your filings with the USPTO and advise you as to whether a Statement of Use must be filed and when and will prepare and file it for you for an affordable flat fee and whether a Declaration of Incontestability is timely and appropriate for your mark.
The Hilla Law Firm is located in the Detroit area but represents clients nationally for trademark matters and offers free video consultations.
If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter or click here to directly schedule your initial trademark consultation into our calendaring system.