You file a Section 8 declaration and Section 9 renewal. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. While the renewal period is legally set at 10 years, trademark cancellation could occur before this deadline. If you are well outside the timeframes, call your assigned examining attorney at the phone number on the office action, or contact the Trademark Assistance Center (TAC) at 571-272-9250 (press 0), toll-free at 1 … At Zacco, we maintain a business perspective that goes beyond viewing trademark renewals as a matter of payment of a fee only. This timeline does not cover every scenario. And if you need to amend or correct the goods and/or services, you may only narrow or limit them; we do not permit changes that broaden the goods and/or services. Step 4. Click on a filing basis to see its timeline. If you need to amend or correct the registered trademark itself, the changes must be minor and nonmaterial; we do not permit changes that will materially alter the trademark. List of information about Trade marks. A request for renewal can be made and the fee for renewal paid in the six-month period prior to the expiry date of the registration. The trademark may be renewed six months before the renewal due date and six months after the renewal due date, incurring minor penalties. If you fail to meet this deadline, you have a six-month grace period in which you can still file but there will be an additional fee. You may amend or correct the information in your registration by filing a Section 7(g) request to amend your registration or a Section 7(h) request to correct your registration. It is critical for the owner of a trademark to maintain it by filing renewals. Your only option is to file a new application. Only 6 month grace period for renewal filing allowed. You have to file a renewal between the 9th and 10th years of the trademark registration with USPTO. Within one year before the end of every 10-year period after the registration date, or within six months of the end of the 10-year period, you must file a Combined Declaration of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9 and pay applicable fees. This can occur if someone files a Petition to Cancel that claims that your trademark hasn’t been used in commerce for three consecutive years. You have to renew your registered trademark before expiring the validity period of your trademark. Like the initial trademark application process, there are several hurdles to renewing a trademark. Missing these deadlines can result in additional fees or, worse, abandonment of your trademark rights. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. When choosing a trademark renewal service to work with, though, it’s important to know exactly what you’re getting. The first important due date you need to remember is five years from the registration date of your trademark – that’s when your first maintenance filing is due (showing usage of your mark – see below). You file Section 8 declaration and Section 9 renewal, 3a. The USPTO provides a list of potential scam trademark renewal services that you should avoid. Step 3b. If your trademark isn’t used commercially for three consecutive years – or if you don’t file the appropriate trademark maintenance documents in a timely fashion – your trademark will abandon. Many companies file under multiple trademark classes because they sell a variety of products. When filing your Section 8 renewal, you must include the following: As you’re preparing your declaration, it’s mandatory that you list goods or services that should be removed from your registration. If you don’t file this combined declaration, your registration will be canceled and expire. The deadlines for filing these documents are calculated from the registration date shown on the registration certificate. If it's been nine years, it's time to renew your registration. The USPTO doesn’t monitor use in between trademark renewal periods, so if this occurs, a competitor is likely trying to take away your rights. If you submit maintenance documents on time, the entire process could be complete within two months. Before the end of the first six-year period after the registration date, or within six months of the expiration of the sixth year with an additional fee, you must file a Declaration of Use or Excusable Nonuse under Section 8 and pay applicable fees. Timeline: After Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. A European trademark (EUTM) is valid for 10 years and can be renewed indefinitely. Section 9 Trademark Renewal. We use cookies to collect information about how you use GOV.UK. A new owner records ownership changes and files Section 7(d) request for new registration certificate. Evidence of use isn’t required with this filing. This declaration generally must include a verified statement that your trademark is in use in commerce, along with evidence showing that use, and the renewal is a statement requesting that the USPTO renew your registration. It is undoubtedly a time-consuming and sometimes burdensome process that requires attention to detail and consistent monitoring. Understanding the United States Patent and Trademark Office trademark renewal procedure is essential for any trademark owner. We may have questions about your feedback, please provide your email address. Trademark renewal means the trademark owner should file application to extend the validity of the trademark to keep the trademark in live status. The USPTO is currently improving our content to better serve you. The trademark needs to be renewed before the completion of the expiry date that is 12 months before the expiry of the trademark if the applicant wants to extend the tenure of the registered TM. US Trademark Renewal Fees and Timeline | US trademarks have required filings that keep your trademark valid. The latest possible date for requesting the renewal and paying the fee is the expiry date of the trade mark. However, the trademark may still be renewed under the 6-month grace period until December 1, 2016 (6 months past June 1, 2016). Trademark is “continued” in-use or excusable non-use; You must timely file these documents to maintain your registration. This filing also requires a specimen submitted (you will have to file with a section 8 declaration with a section 9 renewal). Step 3d. So a trademark will only last 6 years unless it is renewed. The process of trademark renewal does not take place frequently. Filing requirements. Can you describe the problem? Accordingly, the trademark renewal timeline in this example would be as follows: March 30, 2021: This would be the first filing deadline, in which you would need to file a Declaration of Use under Section 8. Maybe the timeline is different in different countries, such as US, UK, India, China, Japan, Canada or Korea, and the process is different too. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. One such business listed by the USPTO sends out flyers stating the following: “Complete this form below and return it in the enclosed envelope with your payment of $200 to receive all documentation to renew your trademark and avoid cancellation and late penalties.”. Section 9 renewal – like other essential trademark filings – can be done online. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. Let’s lay out the trademark renewal schedule, and what exactly you need to do on these dates.First renewal filing: Due 5 years from the anniversary date (date of initial registration).Your first trademark maintenance and renewal action will be … 2. Since a Section 8 declaration is required during each renewal, however, you’ll still need evidentiary specimens when submitting trademark maintenance documents. Do you want to maintain your trademark so it does not expire or become abandoned? Failure to file maintenance documents prior to the six-month grace period expiration will result in an expired trademark. Trademark must be registered on the Principal Register. This timeline starts from the moment of actual registration rather than your application date. These renewal periods are meant to ensure that you have met the requirements of continued use in commerce over the years. Just like the original registration process, your renewal will have to go through USPTO specialists before being approved. You file a Section 8 declaration and Section 9 renewal. Due date: Renewals are due every ten years. Earlier, the trademark registration process would take 15-18 months to register a trademark, but now the trademark registration process takes 6-8 months if it is without any objections. If you transfer or assign your registered trademark to a new owner, and the new owner wants a new registration certificate with their name on it, they must record the assignment with the USPTO and submit a Section 7(d) request form for a new registration certificate stating that the assignment has been recorded with the USPTO. Step 1. The renewal is your declaration that you intend on using the trademark for the next ten years and would like to extend your registration. This timeline does not cover every scenario. No adverse or pending legal proceedings involving trademark rights. The Section 8 declaration may be filed combined with the optional Section 15 declaration of incontestability (see step 3a for more information about this optional filing). Step 3. Disclaimer: The information on this website is for general information purposes only. Step 2a. If you are well outside the timeframes, call the trademark examiner at the phone number on the office action, or contact the Trademark Assistance Center (TAC) at 571-272-9250 (press 0), toll-free at 1-800-786-9199 (select option 1), or email. During this period an additional fee of 25 % will be charged. Trademark Renewal Timeline. File your European Trademark (formerly Community Trademark or CTM) application with legal representation starting from a service fee of 145€. The filing bases under different sections of the Trademark Act are listed below. Another Section 8 declaration is due at this time. Read what our clients say about us - after that you'll have no doubt that you have found the best team to apply for a European Trademark with. A detailed guide to trademark registration process and procedures in India. The dates of renewal are among the most important things for you to remember with your USA trademark. However, it is one of the most important activities for a business to carry out to ensure that their intellectual property is protected. Thanks to our vast agent network, we are always aware of current requirements and can protect your trademark rights. Missing these dates leads directly to trademark cancellation – no questions asked. Transferring ownership of your trademark Selling, bequeathing or transferring the ownership rights of your trademark. Continuous use in commerce for at least five years. Section 7 ( g ) and 7 ( e ) voluntary surrender of registration June 3 2020. The renewal due date: renewals are intertwined with strategic decisions on trademark. 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