Summary of the guide:
- Laws relating to Trademark in United States
- Trademark renewal process in United States
- What authority is responsible for trademark renewals in United States?
- How long does it take to get a trademark renewal in United States?
- Costs for trademark renewal in United States
- What are the penalty charges for late renewal in United States?
- How long is a trademark protected for?
- When does the protection of a trademark in United States start?
- When can I renew my trademark in United States?
- What is the grace period for trademark renewal in United States?
- What are the documents required for trademark renewal in United States?
- What are important deadlines for trademark renewal in United States?
- What happens if I forget to renew my trademark in United States?
- Local tips for trademark renewal in United States
- Service level guarantee for trademark registration in United States
Laws relating to Trademark in United States
In the USA Not only must you show use of the mark, but you must also renew your registration every ten years. It should be filed between the 9th and 10th anniversaries of the registration, there is also a 6-month grace period for late filing of renewals in case you forget, but this will entail penalty fees.
Trademark renewal process in United States
Trademark renewal involves obtaining accurate details of the trademark, submitting the registration number and date to the trademark office, completing documents accurately, and submitting official fees.
A trademark lasts for 10 years from the registration date in the United States of America and can be renewed within the last year of protection.
Unlike many other countries, in the United States, upon the 9th year of trademark registration, a Declaration of Use or Excusable Nonuse should be submitted along with the renewal application. This document generally includes a verified statement that the trademark you are attempting to renew is used in commerce, and providing proof of any such use in commerce. Failure to submit a statement of use, an excusable non-use, or a renewal application will result in a canceled trademark registration.
What authority is responsible for trademark renewals in United States?
In the United States, trademark renewals are handled by the United States Patent and Trademark Office (USPTO). The USPTO is the federal agency responsible for granting and managing trademarks and patents. It oversees the registration and maintenance of trademarks in the United States.
How long does it take to get a trademark renewal in United States?
The process to obtain trademark renewals in the United states is around 2 weeks.
Costs for trademark renewal in United States
Costs relating to trademark renewal are both official and professional. Official fees are fees paid to the government for processing your trademark renewal and are required to be paid one time.
Professional fees for trademark renewal
Our professional fees range from USD99 to USD229 depending on the package you choose. Once you are ready to start, select the package you want and you will see the total official fees and professional fees for each package.
Official fees for trademark renewal
In the United States, the total official fee for trademark renewal is USD300 per class the trademark is filed on, and USD225 for the submission of a declaration of use.
What are the penalty charges for late renewal in United States?
If you forget to renew your trademark before the expiry date, you have a chance to renew it within a grace period. The grace period for renewal in the United States of America is 6 months from the expiry date. If the trademark in the United States of America is renewed within the grace period, then the owner will have to settle penalty fees of USD100 for each class the trademark is protected. A delay in filing the use document will yield to an additional USD100 fine.
How long is a trademark protected for?
A trademark lasts for 10 years from the registration date in the USA and can be renewed within the last year of protection
When does the protection of a trademark in United States start?
The trademark in the USA is protected for 10 years from the date of registration and the protection can be renewed for successive periods of 10 years.
When can I renew my trademark in United States?
A Trademark in the USA should be renewed every 10 years from the registration date. After renewing the trademark, it becomes valid for another 10 years. While a trademark lasts for 10 years from the registration date it can be renewed within the last 12 months of protection. Trademark renewals can be filed 12 months before the expiry date or 6 months after the expiry date with penalty fees.
What is the grace period for trademark renewal in United States?
The grace period for renewal in the United States of America is 6 months from the expiry date.
What are the documents required for trademark renewal in United States?
The required documents for renewing a trademark in the USA are:
A power of attorney
A deed of use or excusable non-use
What are important deadlines for trademark renewal in United States?
The trademarks in the USA become due for renewal every 10 years from the registration date.
Trademark renewals can be filed 12 months before the expiry date.
Trademark renewals can be filed 6 months after the expiry date in a period called the grace period
Trademark maintenance and proof of use should be submitted 5 years following registration of the trademark.
What happens if I forget to renew my trademark in United States?
If you forget to renew your mark before the expiration date, then you have a six-month grace period to renew the trademark. If the trademark is not renewed then it is deemed abandoned.
Local tips for trademark renewal in United States
Trademark renewals should be accompanied by a deed of use otherwise the trademark will not be renewed. This is referred to Section 8 declaration and Section 9 renewal.
There is a possibility of filing a declaration of incontestability, which means that the registration can not be contested by a third party. The conditions to file a declaration of incontestability are:
The trademark is registered on the principal register of the USPTO
The trademark has been used continuously in commerce for for at least five years from the date the trademark was registered
There are no outstanding legal decisions or matters proceedings involving trademark rights rights in the registered trademark. A trademark registration that is “incontestable” is stronger than one which isn't and easier to legally protect.
Additional fees are required for declaration of incontestability.
Service level guarantee for trademark renewal in United States
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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