Client Letter: Trademark Maintenance Reminder (Section 8 & 15 Continued Use & Incontestability)

This legal template, the "Trademark Maintenance Reminder (Section 8 & 15 Continued Use & Incontestability) Client Letter," serves as a written communication from a legal professional to a client, emphasizing the importance of maintaining their trademark rights under the United States law. The primary focus of this letter is to remind the client about their obligations to file specific documents and declarations to safeguard their trademark's legal standing and protect it from potential challenges.

The first subject addressed in this letter is the requirement of filing a Section 8 Declaration of Continued Use with the United States Patent and Trademark Office (USPTO). The legal professional prompts the client to confirm that their registered mark has been continuously used in commerce and to provide evidence supporting this claim. The Section 8 Declaration aims to prove that the mark remains actively affiliated with the goods or services it represents, as per the USPTO's regulations.

The second point concerns the necessity of submitting a Section 15 Declaration of Incontestability. Here, the letter informs the client about the advantages of obtaining an incontestable status for their trademark. Under Section 15 of the Lanham Act, a mark can achieve incontestable status after a continuous period of five years being registered, during which it has been properly used and maintained. An incontestable mark receives heightened legal protection against certain challenges, bolstering its strength and exclusivity.

This legal template is specifically tailored to the requirements of trademark owners in the United States, providing clear instructions and reminders regarding their responsibilities for maintaining and protecting their registered marks. The client is advised to take immediate action to fulfill these obligations, ensuring the ongoing preservation of their trademark rights and the reinforcement of their mark's legal standing within the marketplace.