Trademark renewal fees depend on the legislation and country you wish to uphold your trademark. An additional six-month grace period for renewal starts on the day following the date of expiry. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. 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. Section 9 Trademark Renewal. Step 3a. 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 … The latest possible date for requesting the renewal and paying the fee is the expiry date of the trade mark. A fee is required for this filing. This timeline starts from the moment of actual registration rather than your application date. Many companies file under multiple trademark classes because they sell a variety of products. 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. Most businesses don’t have the time or expertise to handle the trademark renewal process themselves. 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. 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. Regardless, it is good to have a trademark lawyer calendaring the dates for you to be sure the trademark is not abandoned. Click on a filing basis to see its timeline. Use of the Trademark (at time of filing or 6 - 12 months) Trademark Issuance (9 - 12 months) Renewal of the Trademark (before 6th year, before every 10th year) Now for the details and qualifications to this timeline - 0 months - Filing Your Trademark. This declaration must include a verified statement that your trademark is in use in commerce, along with evidence showing that use. Renewals are intertwined with strategic decisions on your trademark portfolio and … You are not required to file any of these documents to maintain a registration. If you are applying for a trademark. United States Patent and Trademark Office - An Agency of the Department of Commerce, 2. 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. We may have questions about your feedback, please provide your email address. Trademark is “continued” in-use or excusable non-use; Continuous use in commerce for at least five years. Send Inquiry; Trademark Registration Process and . Trademark Timeline Infographic. Every 10 years go to step 4. However, the trademark may still be renewed under the 6-month grace period until December 1, 2016 (6 months past June 1, 2016). Trademark Renewal Online in India @Rs.10499/- with expert service by QuickCompany. Trademark must be registered on the Principal Register. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. Do not attempt to file the PDF version; it is for informational purposes only and not for use in submitting a filing. If this occurs, you can expect the following: About 2000 trademark cancellations are filed each year. You file Section 15 declaration of incontestability. Step 1. After the trademark registration process is completed, the process of maintaining the trademark begins. You file Section 8 declaration and Section 9 renewal, 3a. Thanks to our vast agent network, we are always aware of current requirements and can protect your trademark rights. Trademark renewal sometimes requires various time-bound response or action from the applicant. Between five and six years go to step 3. Understanding the United States Patent and Trademark Office trademark renewal procedure is essential for any trademark owner. The deadlines for filing these documents are calculated from the registration date shown on the registration certificate. You file required registration maintenance documents, 2a. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. Another Section 8 declaration is due at this time. Step 3b. The combined Section 8 and Section 9 forms can be found on the USPTO website here. *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. Evidence of use isn’t required with this filing. 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. Accordingly, if your trademark registered on June 1, 2010 your 5 / 6 year renewal period closes on June 1, 2016. If it's been nine years, it's time to renew your registration. Due date: Renewals are due every ten years. A registration that is “incontestable” is a stronger registration that is easier to legally protect. Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 (File every 10 years after registration) . 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. After you receive your registration certificate, you must file specific registration maintenance documents and pay fees at regular intervals to keep your registration active. 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.”. For other assistance, please see our contact us page. Step 3. There are a few different filing bases for a US trademark application. As a rule, trade marks identify goods and services of an enterprise and are its intellectual property just like patents. Here are the trademark registration steps along with the timeline. Why trademark renewal is a fundamental process. Information about Trademark Modernisation Act. This is simply your request to continue your current protection. This will ensure your trademark cannot be challenged unless it becomes generic, falls into nonuse or was obtained through fraudulent means. Filing the appropriate maintenance documents doesn’t guarantee that your trademark will be renewed. The registered trademark gives … Just like the original registration process, your renewal will have to go through USPTO specialists before being approved. You file a Section 8 declaration. Trademark Renewal Timeline. You file Section 15 declaration of incontestability, 3b. While the renewal period is legally set at 10 years, trademark cancellation could occur before this deadline. If there are no office actions or oppositions, the entire process – from application to registration – takes 6 to 8 months. Step 3d. No adverse or pending legal proceedings involving trademark rights. Step 2. 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. File, renew or protect your trademark with Trademark.eu. The trademark ministry has become more pro-active and made the process of registering a trademark much faster. You file optional registration maintenance documents, 4. Even with a trademark renewal period of 10 years, continued use of your trademark is essential to avoid cancellation. Nothing on this site should be taken as legal advice for any individual case or situation. At Zacco, we maintain a business perspective that goes beyond viewing trademark renewals as a matter of payment of a fee only. Trademark Registration Certificate Is Issued The trademark certificate issues about three months from the Notice of Publication. 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. After the trademark registration process is completed, the process of maintaining the trademark begins. 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. 2. You have to renew your registered trademark before expiring the validity period of your trademark. If you don’t file these documents by the deadlines, your registration will expire or be canceled and cannot be reinstated. Trademark renewal means the trademark owner should file application to extend the validity of the trademark to keep the trademark in live status. This timeline does not cover every scenario. Filing requirements. 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). Transferring ownership of your trademark Selling, bequeathing or transferring the ownership rights of your trademark. From that point on, you’ll need to submit a combined Declaration of Use and Application for Renewal every ten years after registration. Step 4. 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. 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. Disclaimer: The information on this website is for general information purposes only. When choosing a trademark renewal service to work with, though, it’s important to know exactly what you’re getting. While the document may look official, the company promises nothing more than to send you required USPTO documents for a cost of $200. In fact, improperly trying to renew a trademark can result in the loss of your trademark registration. The next important date is nine years from your registration date – you must file for … Following the rules and deadlines set forth by the USPTO will ensure that your trademarks don’t expire. USPTO registers your trademark. 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. 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. It is undoubtedly a time-consuming and sometimes burdensome process that requires attention to detail and consistent monitoring. The USPTO provides a list of potential scam trademark renewal services that you should avoid. The USPTO is currently improving our content to better serve you. US Trademark Renewal Fees and Timeline | US trademarks have required filings that keep your trademark valid. 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. 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. For assistance with trademark renewal issues, please contact us today. USPTO trademark renewal also maintains your legal remedies if a third party commits trademark infringement. You have to file a renewal between the 9th and 10th years of the trademark registration with USPTO. In Nigeria, the first renewal is . 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. 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). Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. During this period an additional fee of 25 % will be charged. Here are the fees you can expect during renewal: Trademark renewal deadlines cannot be extended or waived. Do you want to maintain your trademark so it does not expire or become abandoned? 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. Usually this work have to do within 10 years. You can leave all this to us. We use cookies to collect information about how you use GOV.UK. Preview Sections 8 & 9 form [PDF] prior to accessing the electronic version through the numbered link, above. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. Renewal timeline. On average, it takes 11 months for a US trademark application to mature to registration. Your only option is to file a new application. This filing also requires a specimen submitted (you will have to file with a section 8 declaration with a section 9 renewal). Failure to file maintenance documents prior to the six-month grace period expiration will result in an expired trademark. If you don’t file this declaration, your registration will be canceled. There is an additional filing fee following the expiration of the above timeline. Incontestability requires that the following requirements be met: Between 9 and 10 years after registration, you will need to submit a Section 9 renewal. You file optional registration maintenance documents. Your first Section 8 renewal must be submitted between the five and six years after registration. 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. European Trademark. 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. First, a search is conducted. When you own a trademark abroad you must be represented by a local attorney, who will charge a legal fee for his service. 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. 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. You must timely file these documents to maintain your registration. The trademark may be renewed six months before the renewal due date and six months after the renewal due date, incurring minor penalties. 3. Can you describe the problem? You file Section 7(e) voluntary surrender of registration. Tell us whether you accept cookies. In Nigeria, the first renewal is . Step 3c. 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 … You file a Section 8 declaration and Section 9 renewal. The process of trademark renewal does not take place frequently. A European trademark (EUTM) is valid for 10 years and can be renewed indefinitely. It is critical for the owner of a trademark to maintain it by filing renewals. Trial briefs and evidence presented to TTAB. If your trademark is no longer being used in commerce with these goods, failure to disclose this fact could result in your registration being cancelled entirely. Like the initial trademark application process, there are several hurdles to renewing a trademark. No fee is required. Have a comment about the web page you were viewing? Failure to file timely renewals will result in your trademark being cancelled. Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. You’ll have 40 days to respond to Trademark Trial and Appeal Board (. 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