Keeping Your Trademark alive

Once a trademark is registered, actions need to be taken to maintain the registration and keep it alive.

Use in commerce: You must use your trademark in commerce. Most countries provide for a so-called 'grace period' of use, which duration may vary depending the country concerned (usually 3 - 5 years). For example the owner of a registered EU mark has a grace period of 5 years, during which it is not necessary to demonstrate use of the mark in order to rely upon it. In general the Trademark offices in Europe do not inquire ex officio whether the earlier mark has been used. Such examination takes place only when an interested third party makes an explicit request for proof of use.

In certain countries documents need to be filed at regular intervals to show that you are continuing to use your trademark. If you do not file these documents before the deadlines, your registration will be canceled or will expire, or your extension of protection to the country in question will be invalidated (if the trademark was filed via WIPO under the Madrid system). Such countries, which require filings on use (Affidavit of Use, Declaration of Use) in regular intervals include: Cambodia, Philippines, Mexico, US.

See also information by WIPO on

Renewal of Trademark Registration:
A trademark registration in general is valid for a specified period of time, usually 10 years. It can be renewed indefinitely, for subsequent periods of time (usually 10 years.)