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Step 4: Trademark Maintenance and Protection


Trademark Maintenance and Protection does not stop with obtaining a registration of your trademark

To keep the registration "live," owner of the trademark must file specific maintenance documents.  Failure to make these required filings will result in cancellation and/or expiration of the registration.  

Specifically, between the 5th and the 6th year after the registration, the owner of the trademark must file an Affidavit of Use - a sworn statement that the mark is in use in commerce.

In addition, it is highly recommended to file Affidavit of Incontestability - a sworn statement which the trademark owner can file after five years of continuous use of the mark. While an Incontestability Affidavit does not have to be filed, it is advantageous to do so because it will allow the U.S. Patent and Trademark Office to deem the registered trademark incontestable, which strengthens the mark and its owner’s ability to protect it. The affidavits should be filed as soon as possible, as an affidavit of incontestability generally cannot be filed if a challenge involving the mark has been raised.

Finally, your trademark registration must be renewed every ten years from the date of registration, or it will expire. To renew a federal trademark registration, a trademark owner must file an Application for Renewal with a Declaration of Use. Contact us now for your FREE consultation with a Trademark Attorney.

Our Trademark Maintenance services include the following*:

  • 190Preparing and filing an Affidavit of Use
  • Preparing and filing an Affidavit of Incontestability (if filed together with the Affidavit of Use)
  • Unlimited consultations with a Trademark Attorney
  • 190Preparing and filing an Application for Renewal with a Declaration of Use
  • Unlimited consultations with a Trademark Attorney

* Does not include governmental fees


One your trademark is registered it is very important to constantly monitor the database to see if somebody else filed a confusingly similar trademark, which could potentially harm your business and trademark rights. By analyzing the trademark databases, trademark monitoring is an extremely helpful and reliable service for your trademark protection.

Our Annual Trademark Protection service includes the following:

  • Regular searches for confusingly similar trademarks in the U.S. Patent and Trademark Office database290
  • Monitoring of your trademark registration renewal and maintenance dates
  • Monthly reports sent via e-mail on a regular basis


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26823 Saxony Way, Suite 108, Wesley Chapel, Florida 33544, USA

Phone: 1 (201) 645-5616



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