Trademark Renewal Filings
USPTO Trademark Renewal Filings Process
Renewing a trademark is not easy and it can be complex. It is often the last thing that entrepreneurs think about. It can be difficult to remember when the deadline is coming. Lapin Law Firm provides affordable trademark renewal services and takes the burden from you.
After you have registered your trademark successfully, you still have to keep your brand under control. You risk losing your trademark protection to someone else if you don’t renew your registration with the United States Patent and Trademark Office. It is crucial to think about the renewal and maintenance of trademark registrations as a trademark owner.
Your trademark registration will automatically cease after 10 years. To maintain trademark ownership and receive the benefits of a registered trademark you must file a combined Section 8 and 9 Application to Renewal Trademark Registration.
What Is US Trademark Renewal?
Trademark renewal is a necessary step in the life cycle of a trademark. A trademark is registered for a period of 10 years, and once that period has expired, it can no longer be used to protect your business or products. However, there is a way to renew your trademark and keep it alive for another 10 years. This article will explain how to do that.
Trademark Renewal Deadline
The U.S. Patent and Trademark Office (USPTO) requires trademarks to be renewed every ten years, which typically takes around 2-3 months when you file electronically or 3-6 months when you are filing by paper application with the USPTO office in Alexandria, VA
The US Patent and Trademark Office (“USPTO”) recently released a guidance document on the process of renewing your trademark. The renewal process is not difficult, but it can be confusing due to the complex terminology and requirements. This website will provide you with an introduction to what you need before beginning this legal procedure.
You must renew your trademark registration by filing documents that prove you are still using the trademark for the goods or services described in your trademark application. These are the trademark renewal deadlines:
The first renewal is due between the 5th and 6th years of your registration
The second renewal is due between the 9th and 10th years of your registration
Third, Fourth, and All Other Renewals are Due every 10 Years After Your Second Renewal
How Do You Renew Your Trademark?
Step 1: Prepare the trademark renewal documents
The documents you will need for your trademark renewal are:
1. A completed Application for Renewal of Registration Under Section 9 (Form TM-6) ; and
2. The fee per class required by the Trademark Fee Schedule. If you are filing a renewal application for more than one class, you must submit the fee for each class on a separate check or money order.
Step 2: File the Section 8 and 9 Renewal
To renew your trademark registration, you must file a Section 8 Declaration/Section 9 Renewal with the USPTO. This must be done electronically. You will need to provide a verified statement that your trademark is currently in use, and request renewal for the goods or services listed in your registration. You must also submit at least one recent specimen of use per class of goods or services listed in your registration. The government fees for filing must also be paid. If you are no longer using your trademark for all of the goods and services listed in your registration, you must delete them from your registration.
Step 3: Pay the required fee
The required fee to renew a trademark is $50 per classification. The trademark owner has a 6-month grace period after the trademark expires to file the maintenance/renewal documents and pay the surcharge fee.
Step 4: Wait for the USPTO to process your renewal
The USPTO reviews trademark renewal documents and issues a notice accepting the renewal if all goes well. You can expect to receive your accepted trademark renewal notice 3-4 weeks after filing.
If there are any issues, you’ll receive an office action detailing the problem and possible solutions. The office action will be sent via email, and you’ll have 6 months to respond.
Step 5: Receive your renewed trademark registration certificate
To renew your trademark, you must file paperwork with the USPTO and pay the government filing fees. You must also submit a verified statement that your trademark is currently being used in commerce, and submit at least one specimen of use per class of goods/services listed in your registration. If your trademark registration is not in use, you must delete all goods and services that are no longer offered. If your renewal satisfies all four of these requirements, the USPTO will accept it. However, if your renewal does not meet all four requirements, the USPTO will send you a post-registration office action outlining why it could not be accepted.
Lapin Law Firm can help you with every step of the trademark renewal process. We have a team of experienced trademark attorneys who will make sure your filing is done correctly and on time. Call us today to learn more at (212) 858-0363!
What is a trademark?
A trademark is a type of intellectual property that protects words, phrases, logos, and designs used to identify and distinguish a product or service. You can renew your trademark by filing paperwork with the USPTO. A trademark can be registered for a long time, and once renewed it can stop other companies from using similar trademarks.
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is responsible for issuing patents and trademarks, and ensuring that these intellectual property rights are used properly. In order to prevent trademark hoarding, the USPTO has a renewal process in place to ensure that only active trademarks remain in use.
The USPTO provides vigorous protection to registered trademarks, meaning that if another company or individual attempts to use your trademark without permission, they can be sued for infringement.
This office is important because it helps to prevent trademark depletion and congestion – if too many companies are allowed to register the same or similar trademarks, it becomes difficult for consumers to distinguish one brand from another. The USPTO also has a schedule of when registered trademarks need to be renewed in order to keep track of which marks are still being used in commerce.
Because the United States may eventually run out of available trademark variations if new ones are not continually being invented, it is important for business owners and inventors to let unused trademarks expire so that future companies have a way to identify and distinguish their brands.
What are the benefits of renewing my trademark?
- Renewing your trademark ensures you are using the mark and marketing products under that brand.
- If someone else uses a similar trademark, you can sue them for trademark infringement.
- A long-standing and well-known trademark gives you more protection against potential infringement.
- Maintaining your trademark renewals is essential for keeping your brand recognizable.
- The process to renew your trademark is easy and less time-consuming than filing a trademark application.
What are the trademark renewal requirements?
To renew a trademark, you must file paperwork with the USPTO. The first trademark renewal filing is due between the fifth and sixth year from the date of your initial registration. A trademark renewal must be filed between the ninth and tenth year from the date of registration. You must list the goods and services associated with the mark and provide a specimen demonstrating its use.
If you do not currently use the mark, you must state why not and provide a date of last use. The trademark renewal process involves filing a Section 8 declaration and a Section 9 renewal application. Our attorneys can help you meet the requirements for renewing your trademark.
What happens if I don’t renew my trademark?
If you do not renew your trademark registration within the six-month or 10-year grace period, you will have to pay additional fees. If you miss the extended deadline, your trademark registration will be canceled and you will not be able to use the ® symbol next to your logo or trademarks. It is possible to file a new trademark application in place of a canceled registration, but doing so starts the entire process from scratch.
How much does it cost to renew my trademark?
It costs $225 to renew your trademark every five years, and it costs $525 to renew your trademark every ten years.
How do I renew my trademark?
Per the USPTO, to renew a trademark, you must file paperwork with the office. The process is cheaper and shorter than filing an initial application for the trademark. It’s important to renew regularly to maintain the public perception of your brand, and an attorney can help make sure the application is filed properly.
Who can help me renew my trademark?
An experienced trademark lawyer can help you file your trademark renewal application properly. Lapin Law Firm has over 25 years of experience handling trademark renewal applications. We can help you file your application at the United States Patent and Trademark Office (USPTO).
How Long Does A Trademark Registration Last?
When it comes to trademarks, federal law protects you for 10 years from the date you first registered your trademark. However, unless you file a section 8 affidavit, your mark will only be protected for another 5 years after that. Trademarks can endure indefinitely if you keep filing maintenance documents with the USPTO and continue to use them as stated in registration papers. You must also defend your trademark against infringement according on the registration papers.
A trademark’s duration is contingent on how it is used. If the owner of a brand keeps up, it can last indefinitely. The nature of trademarks’ protection is complex. A company must first understand what a trademark really is in order for them to know how long a trademark will endure. After that, a business owner may predict with accuracy how long they have before their mark expires.
What Happens If Your Company Loses The Trademark?
An owner of an abandoned trademark loses their rights in the mark. If they have a registration, the registration is subject to cancellation. The consequences of a discontinued brand are as follows:
- The mark becomes available for anyone to use;
- The registration becomes subject to cancellation; and/or
- Any company infringing on the trademark may be permitted to continue to use it.
An abandoned trademark can be subject to cancellation through a Trademark Trials and Appeals Board (TTAB) proceeding where the adverse party will be required to prove abandonment and the trademark owner will be given an opportunity to show that the mark was not abandoned.
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