Duration of Federal Registration
Federal Registration of a trademark lasts for ten (10) years. Between the fifth and sixth year anniversary of its issuance, the Registrant must file A Declaration of Continued Use or Excusable Nonuse, a/k/a Statement of Use (SOU). An SOU demonstrates its continual use since issuance. There is a six-month grace period to file the SOU. Failure to file it will cause cancellation of the registration.
An optional Declaration of Incontestability can also be filed at that time. It is a sworn statement made by the owner of a mark that claims “incontestable” rights in the registration. An “incontestable” registration is conclusive evidence of the validity of the registered mark, of the registration of the mark, of the owner’s ownership of the mark, and of the owner’s exclusive right to use the mark with the goods/services. There are a few exceptions to a claim of incontestability.
A combined SOU and Application for Renewal must also be filed between the ninth and tenth year anniversary. This must be filed before the end of every ten-year period after the registration date or within the six-month grace period following.
Renewal of the Registration lasts for 10 years.