Unlike other forms of intellectual property (e.g., patents and copyrights) trademarks can, in theory, be maintained forever. To do so, nevertheless, the U.S. Patent and Trademark Office (“USPTO”) maintains strict and unwavering requirements concerning the maintenance of U.S. Trademark Registrations. As such, when a Trademark Registration is received, you need to calendar these essential deadlines or use a service to do so to make certain that your Trademark Registration is not permitted to lapse.
Of note, several trademark owners do not comprehend that when a trademark is registered it can still be canceled through a Cancellation Proceeding initiated by any party who feels that it could be injured by the continued registration of the trademark. Typical grounds for cancellation proceedings include, but are not limited to: (1) a likelihood of confusion with another trademark wherein the other trademark claims priority of use (2) that the registered trademark is merely descriptive and, as such, is incapable of functioning as a trademark (three) fraud perpetrated in the filing or maintenance of the registration and (3) abandonment or non-use of the mark with out an intent to resume use thereof.