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Duration of a Trademark Registered with the United States Patent & Trademark Office

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An Affidavit of Use must be filed for a trademark registration to remain valid. This affidavit must be filed with the United States Patent & Trademark Office between the fifth and sixth year following registration, and within the year before the end of every ten year period after the date of registration. With payment of an additional fee, the registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year.

A section 9 renewal application must also be filed by the registrant within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, as long as the additional fees are paid.

Registrations granted prior to November 16, 1989 have a 20-year term, as long as an affidavit of use is timely filed. Registrations granted on or after November 16, 1989 have a 10-year term.

The same rule above applies to renewal periods.

You would be wise to consult with a Florida trademark attorney first, before undertaking any trademark matters.

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