The procedure of Trademark Renewal in the US
Once you own a trademark registration, you must do a few important things to renew the trademark when it is about to expire. Below is some useful information that can help you have an in-depth understanding about its specific timeline in US.
Grant, validity term and trademark renewal
The term of a registered trademark in the U.S. is ten years from the date of registration. A U.S. trademark registration may be renewed for periods of ten years so long as the mark is in use in commerce. An application for renewal must be filed within one year before the expiration date of the registration, or within the six-month grace period after the expiration date of the registration.
The specimens of actual use and the registrant’s declaration of use must be provided for renewing a trademark registration in the U.S. Additionally, if you don’t file certain documents at regular intervals to show that you’re continuing to use your trademark before the deadline, your extension of protection to the U.S. will be invalidated (if you filed via WIPO under the Madrid system).
Deadlines for filing renewal documents
The US Trademark Office assigns deadlines to file proper renewal documents. Make sure you abide by the following rules:
- You need to file at least a section 8 declaration – stating you are still using your trademark between the 5th and 6th year of registration.
- You can file a section 15 declaration of incontestability between the 5th and 6th years of registration to prevent others from challenging your trademark on a number of issues:
- Incontestability Status Benefits (section 15): If filed, they can’t challenge your mark based on (1) it not being distinctive or lacks secondary meaning; (2) confusingly similar to a trademark that someone else used prior to the owner’s registration; and (3) simply functional (like the shape of a Coca-cola bottle is shaped like that because it’s easier to hold).
- You need to file a section 8 and 9 renewal between the 9th and 10th years of registration.
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