According to the provisions of the US Trademark Law, a successfully registered trademark should submit a proof of use to the PTO from the 5th to the 6th year from the date of registration to maintain the validity of the registered trademark. If the registered trademark is not used for special reasons, the reasons should be stated and it should be stated that the use of the trademark will not be abandoned, otherwise the trademark will be revoked. At the same time, if the registrant uses the registered trademark in the United States for five consecutive years from the date of trademark registration, the right of “incontestability” can be obtained through application.
Once the right of “incontestability” is obtained, the registrant has conclusive evidence of the exclusive right to use its trademark in trade, and no third party can request the cancellation of the trademark registration on the grounds that the trademark lacks distinctiveness. In addition, the validity period of a registered trademark in the United States is 10 years, and proof of use or reasons for non-use must still be submitted for each renewal, otherwise the PTO will revoke the trademark registration.
Suggestions
Application for a US trademark generally takes a long time, and it takes 8 to 12 months to obtain it. Therefore, the most direct and effective method is to entrust a professional agency in the name of an individual or company, such as Haimao S2S agency registration service provider Fangxin Intellectual Property, OKS, Huoming Intellectual Property, and Yayi Intellectual Property to apply. In this way, you don’t have to bother looking for an agent overseas, and a professional agent can conduct a preliminary professional query to determine whether the trademark has been registered locally, how many similar trademarks there are, and what adjustments should be made based on the seller’s own situation.