Post-Registration Renewals
Post-Registration Renewals
Once your trademark is registered with the USPTO, it is important to maintain its validity by renewing it periodically. In the United States, trademark registrations must be renewed once during the 5th and 6th year post-registration, and then every 10 years thereafter, to remain in force. Our experienced trademark attorneys can assist you with the post-registration renewal process to ensure that your trademark remains protected.
How Does Trademark 360° Work?
We at Trademark 360° make it easy for you to renew the trademark. At our law firm, we understand the importance of maintaining a strong and valid trademark registration. That's why we offer comprehensive post-registration renewal services to help our clients protect their valuable trademarks. We can help you determine when your trademark registration is due for renewal and prepare and file the necessary paperwork with the USPTO.
Is it Mandatory to Renew the Trademark?
Yes, it is mandatory to renew the trademark. After getting the trademark registration, you need to submit a declaration of continued use. This declaration is to be submitted between the 5th and the 6th year from the date of approval. Similarly, the declaration must be submitted again towards the end of the first decade. After that, the trademark needs to be renewed every ten years.
Why Renewing Your Trademark is Critical
Renewing your trademark registration is a critical step in maintaining your trademark rights. Failure to renew your registration can result in the loss of your trademark protection, leaving your brand vulnerable to infringement by others. At our law firm, we are committed to providing our clients with personalized service and high-quality legal representation. We understand that your trademark is a valuable asset to your business, and we take pride in helping our clients protect their brands.
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How Often to Renew Your Trademark?
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Navigating the trademark renewal process involves adherence to a carefully structured timeline, with specific filing requirements at different intervals to maintain the validity of your registered mark.
Initial Renewal (5th-6th Year):
Trademark registrations in the United States require their first renewal between the 5th and 6th year post-registration. During this period, trademark holders must file a declaration of continued use, reaffirming their commitment to actively utilizing the mark in commerce.
Subsequent Renewals (Every 10 Years):
Following the initial renewal, subsequent renewals are required every 10 years to ensure the continued protection of the trademark. These decennial renewals involve submitting a declaration of continued use, similar to the first renewal, reinforcing the mark's ongoing presence in the marketplace.
Six-Month Grace Period:
Trademark holders are granted a six-month grace period following the expiration of their renewal deadline. Within this window, late filings are accepted, albeit with penalties. It's imperative to utilize this grace period judiciously to avoid potential cancellation of the trademark registration.
Penalties for Late Filings:
Late filings during the grace period incur additional fees, emphasizing the importance of timely submissions. Failing to renew within this extended timeframe may lead to the abandonment of the trademark, necessitating a fresh application process to regain protection.
Information Required for Renewals:
For each renewal filing, trademark holders must provide crucial information, including the trademark's serial number, updated contact details, and a specimen demonstrating ongoing use. Additionally, there is an opportunity to modify the mark, either by adding or removing goods or services categories.
USPTO Renewal Requirements
When navigating the trademark renewal process with the USPTO, compliance with specific requirements is paramount. For a seamless renewal experience, applicants must provide essential information and documentation. The USPTO mandates the inclusion of critical details such as the trademark serial number, which uniquely identifies the registered mark.
Updated contact information is crucial to maintaining effective communication channels throughout the renewal process. Additionally, proof of ongoing use is a fundamental requirement, affirming that the trademark continues to be actively utilized in commerce.
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These renewal requirements, stipulated by the USPTO, aim to uphold the integrity of the trademark registry and confirm that registered marks align with the original intent of trademark protection – to denote the source of goods or services in the marketplace. Understanding and adhering to these specifics ensures a successful renewal process and the continued safeguarding of valuable trademarks.
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What If I Miss the Deadline for Renewal?
The trademark holders get a six-month grace period after the expiration date to renew the trademark. This grace period can help you in getting the trademark renewed. The USPTO charges a penalty for late renewal submissions. You must renew the trademark within the six-month grace period to ensure your registration is not canceled. In such cases, the clients are required to submit the trademark application again from the beginning.
Beware of Misleading Notices from Deceptive Private Companies
Entrepreneurs and trademark holders must be wary of misleading notices sent by these private entities, often designed to mimic official correspondence from government offices.
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Identifying Misleading Notices
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Private companies sometimes send official-looking notices regarding trademark renewals, additional services, or even spurious infringement claims. These notices, though seemingly legitimate, are often misleading attempts to exploit trademark owners.
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Dissecting Deceptive Language
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Read these notices with a discerning eye. Misleading correspondence often employs language that implies urgency or necessity, pressuring recipients to act swiftly. Genuine government notices are typically more straightforward and do not employ high-pressure tactics.
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Government vs. Private Renewal Processes
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Official renewal notifications for trademarks typically come directly from government agencies, such as the United States Patent and Trademark Office (USPTO). Be cautious if approached by private entities offering unsolicited renewal services, as they may not have your best interests in mind.
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Independently Verify Communications
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Verify the legitimacy of any notice received by contacting the official government agency directly. Official correspondence from government offices usually provides contact information, allowing you to confirm the authenticity of the communication.
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Educate Your Team
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Ensure that your legal and administrative teams are well informed about potential misleading notices. Establish clear communication channels for verifying any correspondence related to trademark matters.
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Maintain Records of Official Notices
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Keep a meticulous record of official communications from government entities. This documentation not only serves as a reference point but also aids in distinguishing genuine notices from deceptive ones.
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Consult with Legal Professionals
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Seek advice from legal professionals or trademark attorneys if you are uncertain about the legitimacy of any notice. They can provide insights into the typical practices of government offices and help you discern authentic correspondence.
Report Misleading Practices
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If you encounter deceptive practices, consider reporting them to relevant authorities. Authorities may take action against companies engaging in misleading activities that compromise the integrity of the trademark registration process.
By staying informed, exercising caution, and verifying the authenticity of notices, trademark owners can fortify their defenses against misleading communications from private entities, ensuring the protection of their valuable intellectual property.
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What Information is Needed from Me?
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​The trademark renewals are very simple. We need minimal information during these procedures. To begin with, you need to provide us with the trademark serial number and updated contact information. You must also submit a specimen to prove that your trademark is in use.
If you would like to add any category of products or services, you can notify us while filling out the questionnaire. Similarly, you can notify us if you want to remove any product or category from the trademark.