How can a trademark be maintained after registration?

Prepare for the USPTO Registration Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A trademark can be maintained after registration by using it in commerce and filing maintenance documents. Trademark law requires that the owner continue to use the trademark in the marketplace to retain their rights. Specifically, the owner must file specific maintenance documents with the USPTO at designated intervals, such as the Declaration of Use (Section 8) that needs to be submitted between the fifth and sixth year after registration, and the Application for Renewal (Section 9) which must be filed every ten years. This ongoing use establishes that the trademark remains in active use and is not abandoned, thereby ensuring that the registration stays valid.

The other choices do not reflect the correct legal requirements for maintaining a trademark. Re-applying every five years is not a requirement, as trademarks are not subject to re-application in the same manner as initial filings. Submitting promotional material to the USPTO does not substitute for the necessary filing of maintenance documents and does not demonstrate continuous use. Ceasing any usage of the trademark is contrary to the requirements; if a trademark is not actively used, it can lead to its cancellation due to abandonment. Therefore, active use coupled with the appropriate filings is essential for maintaining trademark rights post-registration.

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