How long do you have to renew a trademark?
every 10 years
In other words, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years. Returning to our example, if your trademark registered on June 1, 2010 it must be renewed between June 1, 2019 and June 1, 2020.
What happens when a trademark lapses?
A trademark falls into “nonuse” when a business stops using it and doesn’t intend to continue use. Typically, the threshold for nonuse is three consecutive years. Once the trademark owner has technically abandoned the mark, third parties can begin to use it. They can even sell the same types of goods and services.
How many times can a trademark be renewed if it is being actively used?
How long does a trademark last in the US? 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.
Does my trademark expire?
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. The owner must file the declaration after the fifth anniversary of the USPTO’s registration of the trademark but before the sixth anniversary.
Can you revive Cancelled trademark?
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R. The request must be filed using the TEAS Petition to Director form. There is no fee for a request for reinstatement.
Do I need to renew 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.
Can I use expired trademark?
Even after the expiry, trademark is considered to be active if it is used in the trade and commerce. The owner always have a right to renew it or get it registered by applying in a fresh manner. You can trademark an expired trademark only in such cases where the trademark has not been in use in commerce.
How often do you have to renew a trademark?
The owner must also file Section 8 and Section 9 Declarations between the ninth and tenth year after registration, for which a combined form is provided. If there are no issues, the trademark can be renewed for another 10 years, and every 10 year period thereafter.
How do I keep my trademark registration alive?
You must file these documents within these deadlines to keep your trademark registration alive: Between the fifth and sixth years after the registration date File a Declaration of Use and/or Excusable Nonuse under section 8 Between the ninth and 10th years after the registration date
What happens when you stop using your trademark?
If you stop using your trademark, the court can determine that you have abandoned the mark. If you have unintentionally failed to respond to the USPTO request to renew the trademark, a petition to revive a trademark registration might be allowed.
What are the deadlines for trademark registration?
Required filings You must file these documents within these deadlines to keep your trademark registration alive: Between the fifth and sixth years after the registration date File a Declaration of Use and/or Excusable Nonuse under section 8