Can trademark be renewed [Beginner's Guide]

Last updated : Sept 27, 2022
Written by : Gilberte Linne
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Can trademark be renewed

How long can a trademark be renewed?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What is the life of a trademark?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

What happens if my trademark expires?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

Can you register a trademark that is already in use?

You can't file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.

How many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

Can a Cancelled trademark be revived?

How can you revive a canceled trademark registration? The USPTO will usually send a notice of cancellation or expiration. Within two months of the date of the cancellation/expiration notice, the registration owner must file a petition to revive with all the necessary requirements and fees.

How do you get a dead trademark back?

If your trademark has fallen into 'dead' or 'abandoned' status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How expensive is it to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can you trademark just a name?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

Can you buy a trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

Can the same name be trademarked twice?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Can two brands have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

How much does it cost to renew trademarks?

Renewal of Federal Trademark – Combined Section 8 / Section 9. Owners of a registered trademark are required to renew their registrations every 10 years. This must be filed between the ninth and tenth year after registration. To do so, you must file the Section 9 Renewal form and pay the $400 filing fee.

Do you have to keep paying for a trademark?

Once you apply, you may need to pay additional fees, depending on your filing basis. After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive.

What makes a trademark dead?

A dead trademark registration is one whose registration was abandoned before it was issued, or for which no declaration of continued use was filed.

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Can trademark be renewed

Comment by Tyisha Niess

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 Tyisha Niess, have a nice day.
- Gilberte Linne, Staff Member

Comment by Betsosl

hey this is elizabeth potts weinstein and today we're going to talk about how to maintain your trademark including the trademark renewal process timeline so in the united states if you apply for a trademark with the united states patent and trademark office it doesn't mean that you have that trademark forever if it's granted in the uspto you have to renew or maintain your trademark on a schedule and that schedule could go on forever in theory you have to keep maintaining it or the trademark disappears so in this video we're going to talk about what you need to do to maintain your trademark the stuff that you need to file and the timeline schedule so why do you need to maintain your trademark well as i said the obvious thing is that it will expire it will be deemed abandoned if you don't maintain it on a regular basis also there are certain things you can file specifically the section 15 declaration of incontestability that will help you if your trademark ever gets challenged if you already have your trademark and you want to know what's going on with your trademark has it already been deemed abandoned when your renewal stuff is all due then click on this link to watch a video where i talk about how to check your trademark status so what do you need to make these filings to renew your trademark well first you're going to need to prove up that you still use your trademark and that's going to be your specimen of use now if you aren't using your trademark right now but you're going to use it again later perhaps you stopped using your trademark because of a seasonal issue or because of the pandemic but you have every intention to get back to using it you can file you can file under excusable non-use but this is something that you're filing under penalty of perjury so you really do need to intend to use it again along with this specimen of your use you're also going to file a declaration that will just be part of the filing where you declare that you're still using it you've been continuing to use this this entire time and you're using in all the categories in which you filed of course there's going to be fees along with this filing like there are with most fees before the uspto what the fees are something you'll need to check when you're watching this video because those fees do change sometimes it will be something like 125 or 150 or 200 per class so if you filed for your trademark in multiple categories it's almost like those are different trademarks so you're going to have to pay those fees for every single category just like you did at the beginning this filing can be done online and some people will be able to do it themselves but for some of you you may want to go back to the attorney who helped you originally to get their assistance in doing the filing to make sure you got everything done right one thing to remember is the attorney or the service you use to help you do your original filing may not be the one to remind you that you need to do this you need to take that responsibility yourself because it's your trademark so make sure that you put these filing dates on your calendar and don't depend upon some service or some some lawyer to track that what's the timeline for renewing your trademark for all of the dates there's going to be multiple dates the first date will be the date that you can do this filing then there'll be a date it's the kind of actual deadline and then there'll be a late filing date so if you miss all the deadlines there's still a late filing date there'll be a lot of extra late fees for every single class in which you're renewing but it's still possible to do that renewal at that time the first time you need to maintain your trademark is between five and six years after the trademark issued and there you'll be filing a section eight declaration of your use the second time is at ten years so just five years later technically between nine and ten years and there you'll be filing the section eight again and then you'll also be filing the section nine application for renewal and then every nine to ten years after that you're gonna have that same section eight section nine over and over and over again theoretically forever at that five to six year mark you are also then eligible and you're continuing to be eligible in the future after that to file a section 15 declaration of incontestability what this means is that there's no adverse or pending legal litigation involving your trademark and that you're declaring that you're the only person who's using this in commerce if you can do that and you file that section 15 it's very helpful in the future if you ever have to go up in litigation against anyone to enforce your trademark because it takes away a lot of their legal arguments important aspect to remember is that you need to keep your contact information up to date with the united states patent and trademark office they do send reminders i wouldn't depend on it but they do send reminders but they're going to send it to the address and or email address that you have on file if you've changed your address if you change your phone number if you have a different mailing address you're not going to get any of those notifications and your trademark may be expired abandoned another aspect to remember is you need to have the correct ownership information on file before you can file any of this stuff so this tends to come up for businesses where they started out as a sole proprietorship or partnership and then they converted into an llc or corporation when you do that you need to transfer all of the assets including your trademarks into the new llc or corporation and you need to take that transfer document in this case for trademark as an assignment and file that with the uspto again this is attorney elizabeth potts weinstein if you have any questions or comments about this video about maintaining your trademark go ahead and ask them below and i'll try to point you in the right direction if you found this video helpful hit the thumbs up button and subscribe for more information about trademarks and other legal aspects for small business owners thanks a lot goodbye you

Thanks Betsosl your participation is very much appreciated
- Gilberte Linne

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