SECTION 8 and 9 AFFIDAVIT AND RENEWAL
An affidavit of continued use must be filed in the U.S. Patent and Trademark Office prior to the end of the sixth year of registration, but as early as the beginning of the fifth year. If not filed, the registration will become automatically cancelled. Additionally, under Section 8 and 9 of the U.S. Trademark Act, an application for renewal and a declaration of use must be filed before the end of the tenth year, but as early as the ninth year from the registration date or the registration will expire. The renewal and declaration of use must be filed prior to the deadline in order to preserve your rights to your registration.
SECTION 15 INCONTESTABILITY
Further, to gain additional strength to your registration, you may combine the Section 8 declaration with an affidavit under Section 15 of the U.S. Trademark Act in order to obtain certain valuable “incontestable rights.” An incontestable registration is conclusive evidence of the validity of the registered mark and of the registrant’s exclusive right to use the mark in commerce. This filing is highly recommended as it has several advantages in the event of litigation involving your trademark registration.
For more information please visit: http://www.uspto.gov/trademarks/process/maintain/prfaq.jsp