Maintaining your trademark rights through efficient renewals management is of fundamental importance. To prevent the cancellation of a registered trademark, trademark owners are required to periodically file their trademark renewal documents with local Trademark Office.
How long does a Trademark registration last?
For a trademark registration to remain valid, an Declaration of Continued Use (Section 8) must be filed: (1) between the fifth and sixth year following registration, (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the Section 8 Continuation…
When I must file the Continuation Of Use and Renewal Declaration?
The owner or legal representative of the Trademark registration must file an Continuation Of Use and Renewal Declaration during the following time periods: First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. § 1058. If…
Will the United States Patent and Trademark Office contact me directly and request payment?
No. The USPTO will never contact you directly. With this in mind, note that there are companies that attempt to scam users by searching the United States Patent and Trademark Office database and contacting the owners of Trademarks directly, seeking payment. If you have received a Solicitations, do not hesitate…
Will my registration be cancelled if I do not file a Renewal Declaration?
Yes. The United States Patent and Trademark Office will cancel any registration on either the Principal Register or the Supplemental Register if a timely Renewal Declaration is not filed by the current owner or legal representative of the registration during the prescribed time periods. The USPTO has no authority to…
What is a declaration of Continued Use?
A Declaration of Continued Use is a sworn statement, filed by the owner or Legal Representative of a registration that the mark is in use in commerce. Section 8 of the Trademark Act.
Must I fill the 8 Declaration if I don’t use Trademark?
If the owner or legal representative is claiming excusable nonuse of the mark, a §8 Declaration of Excusable Nonuse may be filed. The purpose of the §8 Declaration is to remove marks no longer in use from the register.
What is a Declaration of excusable nonuse?
Section 8 Declaration of Excusable Nonuse is a sworn statement, filed by the owner or representative of a registration that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. Section 8 of…
What must include in a Section 8 Declaration of Excusable Nonuse?
If the owner or Legal Representative of the registration is claiming excusable nonuse off the mark, the Section 8 Declaration must include:The registration number;The name and address of the current owner;The Government fee and fee for filing the Declaration;A list of the goods/services in the registration on or in connection…
What must include in Continuation Of Use Declaration?
A §8 Declaration must include:The registration number;The name and address of the current owner;The Government fee for filing the Declaration;If the mark is in use: a statement that the registered mark is in use in commerce; a list of the goods/services recited in the registration on or in connection with…