Like the initial trademark application process, there are several hurdles to renewing a trademark. A trademark law firm will offer trademark renewal services that will file the appropriate specimen, submit your filing fees, and ensure everything is properly filed and processed before USPTO deadlines. You can expect the following trademark renewal timeline after you’ve submitted your documents: Your trademark renewal timeline could be longer if you take advantage of the six-month grace periods following expiration. Trademark is “continued” in-use or excusable non-use; 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. Do not attempt to file the PDF version; it is for informational purposes only and not for use in submitting a filing. Trademark Renewal Timeline. 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. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. After the trademark registration process is completed, the process of maintaining the trademark begins. You can expect the following trademark renewal timeline after you’ve submitted your documents: Sent to specialist: Your trademark renewal is sent directly to a specialist at the USPTO Post Registration Division. 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. 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. Send Inquiry; Trademark Registration Process and . Click on a filing basis to see its timeline. 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. A new owner records ownership changes and files Section 7(d) request for new registration certificate. Step 3. Why trademark renewal is a fundamental process. Here are the trademark registration steps along with the timeline. So a trademark will only last 6 years unless it is renewed. You file Section 8 declaration and Section 9 renewal, 3a. 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. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Step 3a. The dates of renewal are among the most important things for you to remember with your USA trademark. You file Section 15 declaration of incontestability. Filing the appropriate maintenance documents doesn’t guarantee that your trademark will be renewed. When you’re seeking trademark protection, it’s a good measure to clearly know everything about the trademark filing timeline. *After the trademark examination by ARIPO (African Regional Intellectual Property Organization) is successfully approved, a local trademark registration fee of HKD2,800 per member country is also required. This will require you to start the entire registration process from the beginning, and there’s no guarantee that the USPTO examining trademark attorney will grant a new registration. The deadlines for filing these documents are calculated from the registration date shown on the registration certificate. Thanks to our vast agent network, we are always aware of current requirements and can protect your trademark rights. When you own a trademark abroad you must be represented by a local attorney, who will charge a legal fee for his service. 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. Trademark must be registered on the Principal Register. Another Section 8 declaration is due at this time. This filing also requires a specimen submitted (you will have to file with a section 8 declaration with a section 9 renewal). You file Section 15 declaration of incontestability, 3b. Even with a trademark renewal period of 10 years, continued use of your trademark is essential to avoid cancellation. The trademark renewal process, which must be repeated every 10 years. You file Sections 7(g) and 7(h) request to amend or correct your registration. There are a few different filing bases for a US trademark application. USPTO trademark renewal also maintains your legal remedies if a third party commits trademark infringement. Continuous use in commerce for at least five years. If you don’t file this combined declaration, your registration will be canceled and expire. For other assistance, please see our contact us page. Regardless, it is good to have a trademark lawyer calendaring the dates for you to be sure the trademark is not abandoned. A detailed guide to trademark registration process and procedures in India. Section 9 renewal – like other essential trademark filings – can be done online. Step 1. Most businesses don’t have the time or expertise to handle the trademark renewal process themselves. Can you describe the problem? While these proceedings take place with the Trademark Trial and Appeal Board rather than federal courts, they operate very similarly to a lawsuit in court. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the … Trademark Timeline Infographic. As the trademark registration owner, you may voluntarily surrender your registration for cancellation for all or only some of the goods and/or services. Trademark renewal fees depend on the legislation and country you wish to uphold your trademark. If it's been nine years, it's time to renew your registration. We report on first experiences with modernised trademark law. You can leave all this to us. Usually this work have to do within 10 years. 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. Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. We may have questions about your feedback, please provide your email address. 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 … No adverse or pending legal proceedings involving trademark rights. Waiting for a trademark to register can be stressful. 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. The USPTO provides a list of potential scam trademark renewal services that you should avoid. Use requirement The trademark in South Africa is subject to cancellation in case it has not been used within a period of five consecutive years or longer, calculated from the issue date of the registration certificate. You have to renew your registered trademark before expiring the validity period of your trademark. 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. European Trademark. During this period an additional fee of 25 % will be charged. These renewal periods are meant to ensure that you have met the requirements of continued use in commerce over the years. Section 9 Trademark Renewal. Preview Sections 8 & 9 form [PDF] prior to accessing the electronic version through the numbered link, above. For assistance with trademark renewal issues, please contact us today. After the trademark registration process is completed, the process of maintaining the trademark begins. On average, it takes 11 months for a US trademark application to mature to registration. For example, if your registration date is August 13, 2015, you need to file a section 9 declaration … All these forms are easily found on the USPTO website, so you may be spending hundreds of dollars for absolutely nothing. The renewal is your declaration that you intend on using the trademark for the next ten years and would like to extend your registration. 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. It generally takes somewhere between 12 to 18 months for registering a trademark with the USPTO. New owner records ownership changes and files Section 7(d) request for new registration certificate, 3c. You may file a Section 15 declaration only if the trademark meets these criteria: 1) the trademark is registered on the Principal Register 2) the trademark has been in continuous use in commerce for at least five years after the registration date, and 3) there are no adverse legal decisions or pending legal proceedings involving rights in the registered trademark. 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). USPTO registers your trademark. 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. 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). Trademark Renewal Timeline and Limit. At this point, if possible you should also file a Section 15 to make the trademark incontestable. You file Section 7(e) voluntary surrender of registration. This field is for validation purposes and should be left unchanged. At Mandour & Associates, we understand how important it is to properly maintain your trademarks. We handle the renewal and continued validity of your trademark rights with great care, on time and cost-efficiently. Have a comment about the web page you were viewing? This is simply your request to continue your current protection. Failure to file maintenance documents prior to the six-month grace period expiration will result in an expired trademark. From that point on, you’ll need to submit a combined Declaration of Use and Application for Renewal every ten years after registration. 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 … 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. 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. Incontestability requires that the following requirements be met: Between 9 and 10 years after registration, you will need to submit a Section 9 renewal. Your only option is to file a new application. 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. A fee is required for recording the assignment and for a new certificate. File, renew or protect your trademark with Trademark.eu. File your European Trademark (formerly Community Trademark or CTM) application with legal representation starting from a service fee of 145€. The trademark may be renewed six months before the renewal due date and six months after the renewal due date, incurring minor penalties. Between five and six years go to step 3. Understanding the deadlines for your United States trademark renewals. The process of trademark renewal does not take place frequently. Testimonials. Missing these deadlines can result in additional fees or, worse, abandonment of your trademark rights. You file a Section 8 declaration and Section 9 renewal. In Nigeria, the first renewal is . Information about Trademark Modernisation Act. For optional documents that may be filed at least five years after the registration date, go to step 3a and for optional documents that may be filed any time, go to steps 3b-3d. Step 3d. Nothing on this site should be taken as legal advice for any individual case or situation. United States Patent and Trademark Office - An Agency of the Department of Commerce, 2. List of information about Trade marks. Strong trade marks are assets. Tell us whether you accept cookies. Failure to file timely renewals will result in your trademark being cancelled. Trademark renewal sometimes requires various time-bound response or action from the applicant. Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 (File every 10 years after registration) . Transferring ownership of your trademark Selling, bequeathing or transferring the ownership rights of your trademark. We’ve provided a helpful timeline to show you what to expect during the process. Renewal timeline. Phone: (858) 487-9300 Click to Contact us, Phone: (949) 474-9330 Click to Contact us, Phone: (310) 656-3900 Click to Contact us, ©2018 – Mandour & Associates, APC – All Rights Reserved Aggressive Intellectual Property Litigators® – Trademark Attorneys – Patent Lawyers – Copyright Attorneys. A fee is required for requesting amendment or correction, except for corrections due to our error. Step 3c. You file required registration maintenance documents, 2a. You file Section 7(e) voluntary surrender of registration, 3d. Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. You must timely file these documents to maintain your registration. To maintain a trademark, trademark renewal documents must be filed with the USPTO between the 5th and 6th year after registration, and then every 10 years after registration. Go to step 2 for required post registration documents and go to step 2a for optional post registration documents. When choosing a trademark renewal service to work with, though, it’s important to know exactly what you’re getting. Step 2a. However, the trademark may still be renewed under the 6-month grace period until December 1, 2016 (6 months past June 1, 2016). This timeline does not cover every scenario. 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. Place your mouse over the steps for more information. While the renewal period is legally set at 10 years, trademark cancellation could occur before this deadline. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. This declaration must include a verified statement that your trademark is in use in commerce, along with evidence showing that use. Missing these dates leads directly to trademark cancellation – no questions asked. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. You have to file a renewal between the 9th and 10th years of the trademark registration with USPTO. Trademark Renewal Online in India @Rs.10499/- with expert service by QuickCompany. 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.”. If your trademark has been registered for 9 years, it's time to file a renewal—you have one year following that 9-year anniversary to renew. This also has a six-month grace period but with additional fees. You file required registration maintenance documents. If there are no office actions or oppositions, the entire process – from application to registration – takes 6 to 8 months. No fee is required. If you don’t file this declaration, your registration will be canceled. Trademark Renewal Timeline. It is undoubtedly a time-consuming and sometimes burdensome process that requires attention to detail and consistent monitoring. Filing requirements. Many companies file under multiple trademark classes because they sell a variety of products. You file optional registration maintenance documents, 4. Accordingly, if your trademark registered on June 1, 2010 your 5 / 6 year renewal period closes on June 1, 2016. Step 4. In fact, improperly trying to renew a trademark can result in the loss of your trademark registration. Just like the original registration process, your renewal will have to go through USPTO specialists before being approved. It is critical for the owner of a trademark to maintain it by filing renewals. A registration that is “incontestable” is a stronger registration that is easier to legally protect. Due date: Renewals are due every ten years. While the document may look official, the company promises nothing more than to send you required USPTO documents for a cost of $200. At Zacco, we maintain a business perspective that goes beyond viewing trademark renewals as a matter of payment of a fee only. In Nigeria, the first renewal is . Section 1(a): You are currently using your trademark in commerce with your goods and/or services. As a rule, trade marks identify goods and services of an enterprise and are its intellectual property just like patents. We would like to know what you found helpful about this page. Maybe the timeline is different in different countries, such as US, UK, India, China, Japan, Canada or Korea, and the process is different too. You have one year from that date to make that filing. Only 6 month grace period for renewal filing allowed. You file a Section 8 declaration and Section 9 renewal. Step 3b. The trademark ministry has become more pro-active and made the process of registering a trademark much faster. If you don’t file these documents by the deadlines, your registration will expire or be canceled and cannot be reinstated. There is an additional filing fee following the expiration of the above timeline. The latest possible date for requesting the renewal and paying the fee is the expiry date of the trade mark. After you receive your registration certificate, you must file specific registration maintenance documents and pay fees at regular intervals to keep your registration active. A European trademark (EUTM) is valid for 10 years and can be renewed indefinitely. This timeline starts from the moment of actual registration rather than your application date. Trademark Registration Certificate Is Issued The trademark certificate issues about three months from the Notice of Publication. Do you want to maintain your trademark so it does not expire or become abandoned? If you submit maintenance documents on time, the entire process could be complete within two months. Evidence of use isn’t required with this filing. If this occurs, you can expect the following: About 2000 trademark cancellations are filed each year. The filing bases under different sections of the Trademark Act are listed below. Renewals are intertwined with strategic decisions on your trademark portfolio and … Submitted ( you will have to do within 10 years, continued use of trademark... 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