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Written by : Giovanna Eisenbrandt
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hey what's up everybody this is attorney dan today i want to talk about uh renewing your trademarks and so how do you renew your trademarks or or keeping your registration alive so once you've actually received your application it's called a live trademark okay so um let's talk about time periods right you um generally you you renew between the 9th and 10th anniversary of your registration so there's a window of one year to to renew now between the fifth and sixth year though you do have to file for one if you renew so it's the same process fifth and sixth year renewal section um uh section eight um uh renewal and um it's very uh um you still gotta prove that you're using the mark in commerce so the uh the requirements very similar to the initial application we gotta show proof that we're using it if you're in products you know maybe your packaging if you do the services maybe your website or your brochure so we still gotta prove that you're still in business using that name you do have to pay for the renewal fee um so uh that's part of the process uh one of the cool things during um uh during the uh between the fifth and sixth year is that you can file section 15 um statement contestability and so what that really means is like hey if you like no one disputed your trademarks there's no dispute right you declare like hey i've been using this exclusively for the last five years and um you know uh um i'm no one says disputed me on on this on this mark and so um the statement of disability makes it really really difficult for someone to come in after and say hey no i have this trademark there's a conflict right and so um i always recommend there's really no reason why you shouldn't file this unless you do not plan on keeping this trademark um and and and not even found the renewal okay so that's really the only reason okay and um you know this is a public information so uh i i've had conversations where like hey we need to file this before we go you know decide to go into litigation and force your rights okay because it's really important okay so that's between the fifth and sixth year okay and you know make sure you make sure you calendar these dates as a window of opportunity so like you you know for for our clients we want to file like on the first day it's available first day the windows open so mark it on your calendars to remember that you to file file your renewal and again between the fifth and sixth year and then between the ninth and tenth year is when um when you do it so here right here just required files between the fifth and sixth here declaration of use was is a section eight between the ninth year um is uh section um um after the registration date and then you know basically every ten years on the registration date okay so there's a six month grace period but you know don't rely on that mark it on your calendar do do a um do a uh um do a google reminder where a calendar system use right um and make sure you encounter it follow your statement and contestability okay and make sure you don't lose these deadlines because you will lose your trademark if you forget to renew okay so this is dan if you need help renewing your trademark feel free to reach out to us and we have to talk to you about how we can help okay this is dan thank you soon bye
Thanks for your comment Wm Olmscheid, have a nice day.
- Giovanna Eisenbrandt, Staff Member
hi I'm Andre mink of the father of trademark factory the only firm in the world that offers trade marking services with a predictable result for predictable budgets because our trademark agents and trademark attorneys will help you trademark your brand with a free comprehensive trademark search for a single all-inclusive flat fee with a hundred-percent money-back guarantee I am famous for explaining intellectual property so that a nine year old would understand and today's question gonna answer is what happens if you don't renew your trademark registration on time so after your trademark registers in most countries you get that registration for ten years that you can renew for another 10 and then another 10 and another 10 in Canada that period is 15 years probably gonna be 10 years soon but for now it's 15 and another 15 and another 15 if you need to renew so the question is what happens if you don't renew your trademark registration after that 10 or 15 years and what happens is that your trademark will be considered abandoned so the trademarks office will not send you any reminders what they're gonna do is they're gonna sit and wait and see if you yourself remember or your lawyers or your trademark agents our trademark attorneys are gonna remind you to renew your trademark in time because if you don't the assumption is you're not really interested in protecting the brand and one of the functions of a trademark office is to clear out what they call the deadwood so if the trademark owner is not taking the steps to maintain registration they assume that the trademark owner is not interested and by doing that they clear out the way for new people for new companies to claim that same brand and you cannot usually revive your trademark registration once it's abandoned it's abandoned if you're still interested in having that brand if you're lucky enough that nobody else jumps ahead of you yes you can file a new trademark application for the same trademark and hopefully you're going to be able to get that and interestingly sometimes what happens is because the requirements and just local regulations with the trademarks office sometimes change what was trademark Apple 10 or 20 or 30 years ago may not necessarily be registrable now so it's not an issue with renewals so there is no new examination of your trademark application so if your trademark registered 50 years ago and the rules changed but your trademark is registered it's easy for you to renew it they're no they're not gonna say well you know what the rules change that you can't renew it anymore but if you let it lapse and it gets abandoned then you have to file a new one so the new trademark application will be examined based on new rules and that doesn't guarantee you that the new one will also be registered so it's very it's extremely important not to miss those deadlines and if you file your trademark yourself make sure that you triple check to put it in your calendar 10 years or 15 years down the road to renew your trademark and if you have somebody else to do this for you then make sure that they're still around that they are not going to forget and that they're still taking care of this and again with trademark facture obviously that's one of the things we do for our clients whenever we register your trademark we'll put it everything in in in our docketing system to make sure that whenever your renewal time comes we'll will not forget about this and well notify you can say well are you interested in renewing that brand and just to give you an idea of renewal costs I'm a nominal so the government feel be a few hundred dollars our fee will be your honor dollars depending on the package that you chose so if you've been in business with that brand for 10 or 15 years renewal costs are going to be the least of your concerns this is just one of many short videos where I'm providing specific no BS answers to your questions about trademarks so subscribe now and get notified whenever the next video goes live seriously subscribe because there's a lot of information that I'm sharing and if you got some value out of this today I can guarantee you there's gonna be a lot of other videos that will help you protect your brand and speaking of protecting your brand if you have a brand that you want to protect order your free comprehensive trademark search with register ability opinion from trademark factory by filling out the form at free TM Sarge com3 TM Sarge calm and we'll we'll be happy to take it from there I'll see you in the next video you
Thanks Eleonore your participation is very much appreciated
- Giovanna Eisenbrandt
About the author
I've studied statistical mechanics at Indiana Institute of Technology in Fort Wayne and I am an expert in elementary education. I usually feel moody. My previous job was fish hatchery specialist I held this position for 10 years, I love talking about flower arranging and caving. Huge fan of Dylan Sprouse I practice freestyle skiing and collect chemical elements.
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