Protecting Your Rights After Registration: Ongoing Responsibilities for Trademark Owners
Written by JLG - August 26, 2025
Registering a trademark is an important milestone in protecting your brand. But trademark rights do not maintain themselves. After your mark is registered, there are ongoing responsibilities you must meet to keep your registration active and enforceable. At Jafari Law Group, we guide clients through post-registration requirements so they can preserve their rights and avoid losing protection.
File Maintenance Documents on Time
The United States Patent and Trademark Office (USPTO) requires trademark owners to file specific maintenance documents to show that the mark is still in use. Missing these deadlines can result in cancellation of the registration.
Here are the key filings:
- Section 8 Declaration (5th–6th year after registration): Confirms the trademark is still in use in commerce.
- Section 15 Declaration (optional, 5th year): Requests “incontestable” status, which can strengthen your rights against legal challenges.
- Section 8 and 9 Renewal (9th–10th year, and every 10 years after): Confirms continued use and renews the registration.
Each filing must include a specimen showing how the mark is currently used and a sworn statement of use. If your mark is no longer in use, or if the documentation is incomplete, your registration can be cancelled.
Monitor for Infringement
The USPTO does not enforce your trademark rights after registration. That responsibility falls to the owner. If others begin using a confusingly similar name, logo, or slogan in the marketplace, it is up to you to monitor and take action.
Monitoring strategies may include:
- Watching new USPTO filings for similar marks
- Checking online marketplaces and domain registrations
- Monitoring industry publications and social media
When infringement is identified, early action is usually more effective. In many cases, a cease and desist letter may resolve the issue. If not, litigation or other enforcement measures may be necessary.
Keep Your Trademark Information Updated
If your company changes its name, ownership, or address, this information should be updated with the USPTO. Failure to update your records can cause delays in enforcement or raise questions about who owns the rights.
Common updates include:
- Assignments of ownership
- Changes to entity structure
- New contact information
Keeping your records current helps ensure you receive all USPTO communications and maintain clear ownership of your rights.
Continue Using the Mark Consistently
Trademark rights are based on commercial use. If you stop using the mark in connection with the registered goods or services, those rights may be considered abandoned.
To maintain your registration:
- Use the mark as it was registered
- Avoid long periods of non-use
- Keep records of sales, advertising, and marketing materials
If you are planning to stop using a product line or rebrand, you should review your trademark strategy first to avoid losing rights that may still be valuable.
Let Jafari Law Group Help You Protect What You Built
Registration is only the beginning of brand protection. At Jafari Law Group, we help businesses maintain their trademarks, monitor for misuse, and enforce their rights when necessary. We also offer docketing services to track upcoming deadlines and help clients stay in compliance.
If you are unsure about your next maintenance filing or need support with enforcement or updates, contact us to schedule a free consultation. Let us help you protect the brand you worked hard to build.