U.S. Trademark Application Has Registered
REGISTERED; trademark registration; your trademark has registered; trademark application; application has matured to registration; how to register a trademark; trademark status; trademark process; trademark renewal; trademark maintenance
If you have received this notice, your application has matured into a registration. The term of the registration is for a period of ten years provided certain maintenance requirements have been met.
Specifically, in order to keep your mark active an affidavit showing continued use of the mark must be filed between the fifth and sixth after the date of registration. If this affidavit is not timely filed by the 6th year after registration, the registration will automatically be canceled by the U.S. Patent & Trademark Office ("USPTO").
You should maintain this important date on your calendar.
At that time you must provide a specimen of recent use of the mark, declare which of your goods or services are still "in use" and pay a fee. Thereafter you must do the same at each 10th anniversary.
When you use the mark, you should always give notice of your valuable trademark by adding ® to the mark wherever it appears on any materials advertising your services. This shows the public this mark is registered in the USPTO. Otherwise, your right to recover damages from infringement may be lost.
You can, of course, use up your existing inventory of items using the mark without the (R). If you are using the mark several times in a single advertisement or brochure, you need not include the (R) every time the mark is shown as long as the (R) is displayed on the most prominent usage. If you use the mark for goods or services not covered in the registration, then you should not use the circle (R), and instead use the TM to assert rights. Use of the (R) is fraud if it is used for goods or services that are not registered. The same might be true of using the (R) in jurisdictions outside of the U.S. If you desire foreign rights, you must secure those rights in each country.
For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the Section 8 Affidavit within a grace period of six months after the end of the sixth or every tenth year, with payment of an additional fee.
The registrant must also file a Section 9 renewal application (Section 9 Renewal) within the year before the end of each successive 10-year period following the date of registration, or within a grace period of six months thereafter, with payment of an additional fee. Assuming the Section 8 Affidavit and Section 9 Renewal are timely-filed as indicated above, the registration will be renewed for a 10-year term. If the Section 8 Affidavit and Section 9 Renewal are not timely filed, the registration will be cancelled. Registrations cancelled due to the failure to file a Section 8 Affidavit and Section 9 Renewal cannot be revived or reinstated.
The required forms may be filed through the Trademark Electronic Application System (TEAS) (click on "File Forms Online" from the main USPTO Home Page under the Trademark column), and then from within TEAS select the category "REGISTRATION MAINTENANCE/RENEWAL FORMS."
Renewals can be filed with the USPTO here: