After Registration: Keep It Alive
Congratulations. You registered your trademark. You survived the search, the application, the exam, maybe even an Office Action or two. You’ve got that shiny ® symbol now, and your brand feels official. It is official.
So now what?
Here’s the part no one tells you during the excitement of registration: trademarks don’t just run on autopilot. The government doesn’t remind you to maintain it. And unlike a copyright (which largely takes care of itself), a trademark is a living asset. And if you ignore it too long, it will quietly die on you.
That’s what this article is about—how to keep your trademark alive, valuable, and enforceable. No scare tactics, no fine print—just the real stuff you need to know, delivered straight.
Let’s get into it.
Part 1: You Don’t Own It Forever (Unless You Act Like It)
Let’s bust a myth right now:
Trademark registration doesn’t give you eternal rights.
Yes, your registration can theoretically last forever. But only if you:
Keep using the mark.
Use it properly.
File the right paperwork on time.
Actively defend it.
Neglect any of those, and you risk losing it—even if you spent thousands building the brand.
Think of a trademark like a business license mixed with a guard dog. It needs food (use), paperwork (maintenance), and alertness (enforcement). Without those, it either fades away or someone else walks right in and takes over.
Part 2: Maintenance Filings — The Non-Negotiables
The USPTO doesn’t ask for much after registration, but what it does ask for, it takes very seriously. Miss these deadlines, and your registration will be cancelled—no refund, no appeal.
Here’s the essential timeline:
1. Section 8 Declaration of Continued Use (between years 5 and 6)
This filing proves you’re still using your trademark. You’ll need to:
Submit a declaration (under oath) that the mark is still in use.
Provide a current specimen (evidence of use in commerce).
Pay the fee (currently $225–$525 per class, depending on the method).
You can file a Section 8 with or without a Section 15 (more on that in a second).
2. Optional: Section 15 Declaration of Incontestability (also after 5 years)
This one’s not required—but you’ll want it.
If your mark has been registered and used continuously for 5 years, and no one has successfully challenged it, you can file for “incontestable” status.
What does that mean? It’s lawyer-speak for “way harder to fight.” An incontestable trademark can no longer be attacked on certain grounds (like descriptiveness or prior use).
It’s not bulletproof—but it’s pretty close.
3. Section 9 Renewal + Section 8 (every 10 years)
At the 10-year mark—and every 10 years after that—you have to renew your registration.
File a Section 9 renewal to keep your registration alive.
File another Section 8 declaration to show continued use.
It’s a combo filing, and if you don’t do it, your trademark dies. No ceremony. No warning. Just gone.
Bottom line: put these deadlines on your calendar and set two reminders. Then tell someone else to remind you, too. Because missing one of these is the most common reason good trademarks disappear.
Part 3: Use It or Lose It
You can’t register a trademark and then let it sit unused like a gym membership you feel guilty about.
Trademark rights are tied to use in commerce. That means your mark has to be:
Actively used in connection with the goods/services you registered for.
Continuously used—not just once every couple of years.
Used in the form you registered (or close enough to still be recognizable).
If you stop using your mark for three consecutive years, courts will often presume it’s been “abandoned.” That means someone else can potentially register it—and you can’t stop them.
What counts as use? It varies by industry. But it usually means public, commercial use—not just having it printed on a business card in your desk drawer.
If you rebrand, pivot, or change the logo, you might need to file a new application. Don’t assume your old registration still covers you.
Part 4: Mind the Form—How You Use Your Mark Matters
Even if you're still using your mark, you need to use it correctly to keep your rights strong.
Here’s how to use your trademark like a pro:
1. Use it as an adjective, not a noun or verb.
Correct: “Kleenex® tissues.”
Wrong: “Hand me a Kleenex.”
Why? Because when people start using your trademark as the product itself, your mark risks becoming generic—and generic terms can’t be protected.
2. Use the ® symbol
Once your mark is registered, start using the ® symbol. It’s not just cosmetic—it puts others on notice that your mark is federally protected.
If your mark isn’t registered yet, you can use ™ or ℠ to show you’re claiming rights.
3. Use it consistently
Don’t keep changing the spelling, punctuation, or design. The more consistent your usage, the stronger your protection.
Think of your trademark as a signature. It only works if you don’t keep rewriting it.
Part 5: Enforce It or Risk Losing It
Here’s a tough truth: the USPTO does not police trademark use. That’s your job.
If someone else starts using a confusingly similar mark in your space, and you don’t act, you could lose your ability to enforce your rights down the line.
It’s called “naked licensing” or “acquiescence”—and it can kill your trademark even if it’s registered and you’re still using it.
What should you be doing?
Monitor your mark: Set up Google Alerts, use trademark watch services, and keep an eye on competitors.
Send cease-and-desist letters early: The longer you wait, the harder it is to stop someone.
Be consistent: Letting some infringers slide but not others weakens your case.
Record licenses properly: If you let someone else use your mark (e.g. a franchise or partner), you need a licensing agreement with quality control built in.
A trademark is like a fence. If you let people hop it, eventually it stops being your property.
Part 6: What If You Stop Using It?
Sometimes, life (or business) changes.
You pivot. Rebrand. Shut down a product line. Or you just outgrow the name.
If you stop using a registered trademark, you have two main options:
1. Let it lapse
If you’re done with the mark and have no plans to revive it, you can just skip the next maintenance filing. The USPTO will cancel the registration automatically.
That’s fine—but know that someone else can claim the mark after that, and you’ll lose any ability to enforce it.
2. File for assignment
If the brand still has value, you can transfer ownership to another person or company through a formal assignment. This is common in acquisitions and brand licensing deals.
Trademark rights can live on—as long as they’re used somewhere by someone.
Part 7: A Trademark Is a Business Asset—Treat It Like One
Here’s the big-picture view: if you registered your trademark, you’ve taken a serious step to protect your brand.
Don’t let that investment go to waste.
Think about your trademark the same way you think about your domain name, your customer list, your packaging design. It’s a real asset—something that grows in value the longer you use and protect it.
In fact, some of the most valuable things your business owns might not be physical at all. They’re intellectual property. And trademarks are one of the easiest—and most powerful—ways to stake your claim.
Final Thoughts: Stay Vigilant, Stay Legit
After registration, it’s easy to go quiet. To think, “I’ve got the ®—I’m good now.”
But trademarks don’t reward passivity. They reward consistency, clarity, and care.
So check in. Keep records. Use your mark. Protect it. Maintain it.
It’s not hard—it just takes attention. And if you give it that, your trademark won’t just survive.
It’ll thrive.