by Traverse Legal, reviewed by Enrico Schaefer - May 10, 2007 - d. How to Trademark a Name, Logo or Slogan
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 affidavit within a grace period of six months after the
end of the sixth or tenth year, with payment of an additional fee. The
registrant must also file a Section 9 renewal application within the
year before the expiration date of a registration, or within a grace
period of six months after the expiration date, with payment of an
additional fee. Assuming that 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.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.