Trademark RenewalWhat is trademark renewal? Trademark renewal occurs at a set time after the registration of your trademark. It tells the USPTO that your trademark is still in use and not to take it out of the system. How do I renew a trademark? For trademark renewal you must file a section 8 Declaration of Continued Use. This is a sworn statement that is given by the owner basically stating that the trademark is still actively being used in commerce. The purpose of trademark renewal is to clean the system of all unused trademarks. Will my trademark be canceled if I choose not to file? If you do not file the Declaration of continued use for your trademark renewal, your trademark will be considered no longer in use and removed from the system. When do I renew my trademark? Trademark renewal must be filed every ten years after the date of your trademark registration. There is a period of 18 months given to the owner to file. This falls between a year before the ten year date and up to six months after the required trademark renewal date. The six months after the due date of the renewal is considered a grace period and you will incur additional fees if you file within this time. How much does trademark renewal cost? When filing for the renewal of your trademark it is best to check the current fee. As of today, the filing fee for trademark renewal is 100 dollars per classification category your mark is registered in. If you file within the six month grace period you will be charged and additional 100 dollars per classification. That is why it is always best to file early! Get a head start to avoid the extra charges. What must be included when filing? When you file your trademark renewal you must include the declarations of continued use, your trademark registration number, the owner's current name and address, and there are also some questions that must be answered. These are if the trademark is still in use? Where and what the trademark is being used on and you must also include a specimen for each class it is listed in. Specimens can include a tag or label, or an advertisement of your services. How will I know if my trademark renewal is accepted? If your trademark renewal is accepted you will be sent a notice of acceptance. If the renewal is rejected you will be sent a notice of action stating the reasons for the refusal and it will also tell you how what you need to do in order for the trademark to be renewed. Though it may seem like a lot to do, trademark renewal is not a difficult task. And it also does not have to be done often. If you have put years of effort into your company and your trademark it is definitely in your best interest to file for trademark renewal. | |
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