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Maintaining your Mark

The successful registration of your trademark or service mark with the RI Department of State is only the beginning of protecting your intellectual property. You should be careful to continue to use your mark as registered and to stay up-to-date on potential infringements on your mark.

How long is my mark valid?

A mark registered in Rhode Island is valid for ten (10) years.

How do I renew my mark?

Six (6) months before your mark will expire, the RI Department of State will send notice to the applicant at the address of record. To renew your mark, you will need to file Form 667, Application for Renewal of Registration of a Trademark or Service Mark. The filing fee is $50. Your mark must still be in use in the state. Once renewed, the mark will be active for another period of ten (10) years.

Can I cancel my mark once it has been registered?

Yes. A registrant or assignee of record can voluntarily cancel a registration by completing and filing Form 670, Statement of Voluntary Cancellation of Trademark or Service Mark Registration. There is no fee to file this form.

I am selling my business. Can I sell my mark?

The RI Department of State does not handle the sale of registered marks; however, as long as your mark is active, you may file an assignment of your mark to another party (Form 669, Assignment of a Trademark or Service Mark). The fee for filing this form is $20.

My mark expired. Can I renew my mark or will I have to apply again?

If your mark has expired, you cannot apply for renewal. You must apply again for your mark as if it were a new registration.

Does registering my mark with the RI Department of State prevent others from using my mark in other states?

No. Registering your mark with the RI Department of State only provides notice to the public that you claim rights for that mark in Rhode Island. If you are looking to protect your mark nationwide, please visit the United States Patent and Trademark Office. We strongly encourage you to consult with a qualified attorney with any questions about the protection of your mark.

What role does the RI Department of State play in regulating the use of marks or prosecuting their misuse?

It is your legal responsibility to police and protect your registered trademark or service mark. The RI Department of State’s office cannot provide legal advice, send notices on your behalf to others, or prosecute infringement on your registered mark. All trademark/service mark disputes are handled by legal action. If you feel your mark has been compromised by another party, you should contact a qualified attorney.