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US Trademark Renewal

Updated:2018-4-8 11:41:57    Source:www.tannet-group.comViews:220

US trademark renewal is required by the U.S. Patent and Trademark Office (USPTO) for trademark owners to maintain their trademark rights. As a trademark owner, you should ensure you are aware of the renewal requirements on your trademark registration. To keep a registration alive, the registration owner must file required maintenance documents at regular intervals. Failure to file the required maintenance documents during the specified time periods will result in the cancellation of the U.S. trademark registration or invalidation of the U.S. extension of protection.

Renewals are due every 10 years after registration. If no renewal is filed, your registration will be canceled. Because the time for filing a Section 9 Renewal coincides with the time for filing a ten-year Section 8 Declaration of Continued Use, the filing is combined.

Declaration of Use and/or Excusable Non-use and An Application for Renewal
Every ten years you must submit a combined declaration of use and/or excusable nonuse and application for renewal under Sections 8 and 9 (combined filing). The USPTO forms combine the Section 8 declaration with the Section 9 renewal application. A Section 9 renewal application is a written request to keep your registration active.

You must include the following information in a Section 8 and 9 combined filing:
The registration number.
The name and address of the current owner.
The filing fee per class of goods or services in the registration.

If the trademark is in use:
(1) a statement that the trademark is in use in commerce.
(2) a list of the goods or services in connection with which the trademark is in use.
(3) one specimen (example of how the trademark is used). Examples of acceptable specimens are tags/labels for goods, and advertisements for services.

If the trademark is not in use:
(1) a list of the goods or services with which the trademark is not in use in commerce.
(2) the date of the last use of the trademark in commerce.
(3) the approximate date when use in commerce is expected to resume.
(4) details regarding the reason for nonuse.
(5) specific steps being taken to resume use.

A written request to renew the registration that is signed and dated and confirms the accuracy of the information provided.

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