Filing a Federal Trademark Application FAQ

Questions:

• How does a trademark qualify for federal registration?
• How do I apply for federal trademark registration?
• What types of trademarks are ineligible for federal registration?
• If the USPTO decides that a mark is eligible for federal registration, what happens next?
• What are the benefits of having a trademark on the USPTO's Principal Register?
• How long does federal trademark registration last?
• Can a business register its trademark at the state level?

Answer:

How long does federal trademark registration last?

Once a trademark or service mark is placed on the U.S. Patent and Trademark Office's (USPTO's) Principal Register, the owner receives a certificate of registration good for an initial term of ten years. The registration may lapse before the ten-year period expires, however, unless the owner files a statement within six years of the registration date (called a Section 8 Affidavit) stating that the mark is still in use in commerce.

The original registration may be renewed indefinitely for additional ten-year periods if the owner files the required renewal applications (called a Section 9 Affidavit) with the USPTO. Failure to renew a registration does not void all rights to the mark, but if the owner fails to re-register, the special benefits of federal registration will be lost.