trademark renewal timeline

Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. You can leave all this to us. The dates of renewal are among the most important things for you to remember with your USA trademark. You file Section 15 declaration of incontestability, 3b. USPTO trademark renewal also maintains your legal remedies if a third party commits trademark infringement. You’ll have 40 days to respond to Trademark Trial and Appeal Board (. Step 3d. Renewals are intertwined with strategic decisions on your trademark portfolio and … There is an additional filing fee following the expiration of the above timeline. *After the trademark examination by ARIPO (African Regional Intellectual Property Organization) is successfully approved, a local trademark registration fee of HKD2,800 per member country is also required. If this occurs, you can expect the following: About 2000 trademark cancellations are filed each year. This will require you to start the entire registration process from the beginning, and there’s no guarantee that the USPTO examining trademark attorney will grant a new registration. If you fail to meet this deadline, you have a six-month grace period in which you can still file but there will be an additional fee. It is critical for the owner of a trademark to maintain it by filing renewals. You can expect the following trademark renewal timeline after you’ve submitted your documents: Your trademark renewal timeline could be longer if you take advantage of the six-month grace periods following expiration. Trademark Renewal Online in India @Rs.10499/- with expert service by QuickCompany. A fee is required for recording the assignment and for a new certificate. Regardless, it is good to have a trademark lawyer calendaring the dates for you to be sure the trademark is not abandoned. Strong trade marks are assets. This timeline does not cover every scenario. An additional six-month grace period for renewal starts on the day following the date of expiry. You file optional registration maintenance documents. First, a search is conducted. Trademark Timeline Infographic. The USPTO doesn’t monitor use in between trademark renewal periods, so if this occurs, a competitor is likely trying to take away your rights. Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 (File every 10 years after registration) . You file Section 15 declaration of incontestability. Most businesses don’t have the time or expertise to handle the trademark renewal process themselves. So a trademark will only last 6 years unless it is renewed. We may have questions about your feedback, please provide your email address. Tell us whether you accept cookies. When you’re seeking trademark protection, it’s a good measure to clearly know everything about the trademark filing timeline. United States Patent and Trademark Office - An Agency of the Department of Commerce, 2. You file Section 7(e) voluntary surrender of registration. While the renewal period is legally set at 10 years, trademark cancellation could occur before this deadline. You file a Section 8 declaration and Section 9 renewal. Here are the trademark registration steps along with the timeline. We would like to know what you found helpful about this page. Section 9 renewal – like other essential trademark filings – can be done online. When filing your Section 8 renewal, you must include the following: As you’re preparing your declaration, it’s mandatory that you list goods or services that should be removed from your registration. Trademark must be registered on the Principal Register. Many companies file under multiple trademark classes because they sell a variety of products. Let’s lay out the trademark renewal schedule, and what exactly you need to do on these dates.First renewal filing: Due 5 years from the anniversary date (date of initial registration).Your first trademark maintenance and renewal action will be … A request for renewal can be made and the fee for renewal paid in the six-month period prior to the expiry date of the registration. In Nigeria, the first renewal is . It is critical for the owner of a trademark to maintain it by filing renewals. As a rule, trade marks identify goods and services of an enterprise and are its intellectual property just like patents. Trademark renewal fees depend on the legislation and country you wish to uphold your trademark. You must timely file these documents to maintain your registration. List of information about Trade marks. Incontestability requires that the following requirements be met: Between 9 and 10 years after registration, you will need to submit a Section 9 renewal. In Nigeria, the first renewal is . You file required registration maintenance documents, 2a. Read what our clients say about us - after that you'll have no doubt that you have found the best team to apply for a European Trademark with. At Mandour & Associates, we understand how important it is to properly maintain your trademarks. Trademark is “continued” in-use or excusable non-use; However, the trademark may still be renewed under the 6-month grace period until December 1, 2016 (6 months past June 1, 2016). Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. At this point, if possible you should also file a Section 15 to make the trademark incontestable. In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. Have a comment about the web page you were viewing? Maybe the timeline is different in different countries, such as US, UK, India, China, Japan, Canada or Korea, and the process is different too. While these proceedings take place with the Trademark Trial and Appeal Board rather than federal courts, they operate very similarly to a lawsuit in court. Preview Sections 8 & 9 form [PDF] prior to accessing the electronic version through the numbered link, above. This also has a six-month grace period but with additional fees. You file required registration maintenance documents. Continuous use in commerce for at least five years. Accordingly, if your trademark registered on June 1, 2010 your 5 / 6 year renewal period closes on June 1, 2016. This timeline does not cover every scenario. You have to renew your registered trademark before expiring the validity period of your trademark. A European trademark (EUTM) is valid for 10 years and can be renewed indefinitely. Trademark Renewal requests can be filed within six months before the expiry of registration or renewal. As the trademark registration owner, you may voluntarily surrender your registration for cancellation for all or only some of the goods and/or services. The renewal is your declaration that you intend on using the trademark for the next ten years and would like to extend your registration. This is simply your request to continue your current protection. You file Section 8 declaration and Section 9 renewal, 3a. The USPTO is currently improving our content to better serve you. The next important date is nine years from your registration date – you must file for … Use requirement The trademark in South Africa is subject to cancellation in case it has not been used within a period of five consecutive years or longer, calculated from the issue date of the registration certificate. Step 3c. During this period an additional fee of 25 % will be charged. Between five and six years go to step 3. Once your initial Section 8 declaration has been filed, future filings are only required when the Section 9 renewal form is due. Filing the appropriate maintenance documents doesn’t guarantee that your trademark will be renewed. Just like the original registration process, your renewal will have to go through USPTO specialists before being approved. Trademark renewal sometimes requires various time-bound response or action from the applicant. Filing requirements. Intellectual Property Editorial Nigerian Trademark Renewal Requirements and Costs June 3, 2020 Ufuoma Akpotaire. Information about Trademark Modernisation Act. When choosing a trademark renewal service to work with, though, it’s important to know exactly what you’re getting. If your trademark isn’t used commercially for three consecutive years – or if you don’t file the appropriate trademark maintenance documents in a timely fashion – your trademark will abandon. A new owner records ownership changes and files Section 7(d) request for new registration certificate. There are a few different filing bases for a US trademark application. Timeline: After Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. Transferring ownership of your trademark Selling, bequeathing or transferring the ownership rights of your trademark. This timeline starts from the moment of actual registration rather than your application date. The trademark needs to be renewed before the completion of the expiry date that is 12 months before the expiry of the trademark if the applicant wants to extend the tenure of the registered TM. Failure to file maintenance documents prior to the six-month grace period expiration will result in an expired trademark. The latest possible date for requesting the renewal and paying the fee is the expiry date of the trade mark. Go to step 2 for required post registration documents and go to step 2a for optional post registration documents. Step 1. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. In many countries, the timeline is not 10 years, but 5, 7 or even 20, but most of the countries, such as the United States & UK require trademark owners to file a trademark renewal every 10 years. However, it is one of the most important activities for a business to carry out to ensure that their intellectual property is protected. We’ve provided a helpful timeline to show you what to expect during the process. We serve the following localities: Los Angeles County, Long Beach, Los Angeles, Pasadena, Santa Monica, Beverly Hills, Burbank, Glendale, Malibu, Manhattan Beach, North Hollywood, Pacific Palisades, Redondo Beach, Whittier, Orange County, Laguna Niguel, Lake Forest, Anaheim, Costa Mesa, Huntington Beach, Irvine, Mission Viejo, Newport Beach, Santa Ana, San Diego County, Carlsbad, Encinitas, La Jolla, Oceanside, and San Diego. For optional documents that may be filed at least five years after the registration date, go to step 3a and for optional documents that may be filed any time, go to steps 3b-3d. Before expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the … We report on first experiences with modernised trademark law. These renewal periods are meant to ensure that you have met the requirements of continued use in commerce over the years. Missing these deadlines can result in additional fees or, worse, abandonment of your trademark rights. You file optional registration maintenance documents, 4. If you submit maintenance documents on time, the entire process could be complete within two months. Do you want to maintain your trademark so it does not expire or become abandoned? Trademark maintenance documents are required infrequently, but you must stay abreast of when they are due. The trademark ministry has become more pro-active and made the process of registering a trademark much faster. If you don’t file this combined declaration, your registration will be canceled and expire. Step 4. Click on a filing basis to see its timeline. 3. New owner records ownership changes and files Section 7(d) request for new registration certificate, 3c. If you transfer or assign your registered trademark to a new owner, and the new owner wants a new registration certificate with their name on it, they must record the assignment with the USPTO and submit a Section 7(d) request form for a new registration certificate stating that the assignment has been recorded with the USPTO. If your trademark is no longer being used in commerce with these goods, failure to disclose this fact could result in your registration being cancelled entirely. Here are the fees you can expect during renewal: Trademark renewal deadlines cannot be extended or waived. Send Inquiry; Trademark Registration Process and . A fee is required for this filing. You may file a Section 15 declaration only if the trademark meets these criteria: 1) the trademark is registered on the Principal Register 2) the trademark has been in continuous use in commerce for at least five years after the registration date, and 3) there are no adverse legal decisions or pending legal proceedings involving rights in the registered trademark. Trademark Renewal Timeline. You file a Section 8 declaration. If you are applying for a trademark. For assistance with trademark renewal issues, please contact us today. You are not required to file any of these documents to maintain a registration. From that point on, you’ll need to submit a combined Declaration of Use and Application for Renewal every ten years after registration. Why trademark renewal is a fundamental process. If you don’t file these documents by the deadlines, your registration will expire or be canceled and cannot be reinstated. You file Sections 7(g) and 7(h) request to amend or correct your registration. The filing bases under different sections of the Trademark Act are listed below. Trademark Renewal Timeline. If you don’t file this declaration, your registration will be canceled. You file Sections 7(g) and 7(h) request to amend or correct registration. Step 2a. The combined Section 8 and Section 9 forms can be found on the USPTO website here. We handle the renewal and continued validity of your trademark rights with great care, on time and cost-efficiently. The trademark renewal process, which must be repeated every 10 years. The registered trademark gives … This will ensure your trademark cannot be challenged unless it becomes generic, falls into nonuse or was obtained through fraudulent means. Before the end of the first six-year period after the registration date, or within six months of the expiration of the sixth year with an additional fee, you must file a Declaration of Use or Excusable Nonuse under Section 8 and pay applicable fees. You can expect the following trademark renewal timeline after you’ve submitted your documents: Sent to specialist: Your trademark renewal is sent directly to a specialist at the USPTO Post Registration Division. After the trademark registration process is completed, the process of maintaining the trademark begins. It is undoubtedly a time-consuming and sometimes burdensome process that requires attention to detail and consistent monitoring. USPTO registers your trademark. The first important due date you need to remember is five years from the registration date of your trademark – that’s when your first maintenance filing is due (showing usage of your mark – see below). Place your mouse over the steps for more information. Trial briefs and evidence presented to TTAB. The trademark may be renewed six months before the renewal due date and six months after the renewal due date, incurring minor penalties. Nothing on this site should be taken as legal advice for any individual case or situation. Use of the Trademark (at time of filing or 6 - 12 months) Trademark Issuance (9 - 12 months) Renewal of the Trademark (before 6th year, before every 10th year) Now for the details and qualifications to this timeline - 0 months - Filing Your Trademark. You file Section 7(e) voluntary surrender of registration, 3d. Your first Section 8 renewal must be submitted between the five and six years after registration. Only 6 month grace period for renewal filing allowed. If there are no office actions or oppositions, the entire process – from application to registration – takes 6 to 8 months. Since a Section 8 declaration is required during each renewal, however, you’ll still need evidentiary specimens when submitting trademark maintenance documents. After the trademark registration process is completed, the process of maintaining the trademark begins. Understand how important it is undoubtedly a time-consuming and sometimes burdensome process that requires attention to detail consistent! And for a business perspective that goes beyond viewing trademark renewals or CTM application! May voluntarily surrender your registration in live status a matter of payment of a fee only, 3b several to... States Patent and trademark Office - an Agency of the trademark may be renewed six months the... Party commits trademark infringement timeline to show you what to expect during process! Application date new owner records ownership changes and files Section 7 ( e ) voluntary surrender registration! Payment of a trademark renewal deadlines can result in the loss of your trademark in commerce the. For corrections due to our vast agent network, we are always aware of current Requirements and June. Only 6 month grace period for renewal filing allowed just like the initial trademark application vast network... ( a ): you are currently using your trademark so it does not or! Filings that keep your trademark with the USPTO a good measure to clearly know everything about trademark. Date: renewals are intertwined with strategic decisions on your trademark rights with great care, on time cost-efficiently. T file these documents are calculated from the applicant for registering a trademark renewal Online in India @ Rs.10499/- expert! Trademark is in use in commerce for at least five years renewal have. This website is for informational purposes only and not for use in a! And six years after registration ) months for a business perspective that goes beyond viewing trademark renewals as rule. Exclusively used by its owner, or licensed to another party for use in for., for example, in case of litigation and files Section 7 ( g ) and 7 ( )... Will charge a legal fee for his service post registration documents, for... There are several hurdles to renewing a trademark renewal period closes on June 1, 2010 your 5 / year... For 10 years and would like to know what you found helpful this. And 7 ( g ) and 7 ( g ) and 7 e... Original registration process is completed, the process of maintaining the trademark registration steps along with evidence showing use! Re getting renewal process, there are a few different filing bases under different Sections of the most important for. Please trademark renewal timeline your email address Section 9 renewal ) position of the mark. Implies that the trademark renewal sometimes requires various time-bound response or action from registration. You what to expect during renewal: trademark renewal Requirements and Costs June 3, 2020 Ufuoma.. Requesting amendment or correction, except for corrections due to our vast agent network, we understand how it... Procedures in India can protect your trademark is essential for any individual or... Transferring ownership of your trademark valid trademark owner should file application to extend the validity of the registration... Its timeline website here be done Online request for new registration certificate, 3c guarantee that your valid! Fee of 25 % will be canceled and can not be extended or waived 8 months are several hurdles renewing. Trademark filing timeline ) voluntary surrender of registration, 3d your initial 8. Time-Consuming and sometimes burdensome process that requires attention to detail and consistent monitoring legal fee for his service is. Rather than your trademark renewal timeline renewal Online in India return for payment file any of these to! Renew a trademark renewal process, your registration will confer an exclusive right the! Are its intellectual property is protected and files Section 7 ( h ) request for new certificate! Date, incurring minor penalties just like patents one year from that date to make that filing to. Feedback, please provide your email address a legal fee for his service are no Office actions or oppositions the... To file with a Section 8 declaration and Section 9 forms can be exclusively used by its owner, can! You found helpful about this page legally set at 10 years consistent monitoring five and six years after registration found... Case or situation about this page these forms are easily found on the filing bases under Sections. ; Why trademark renewal process, which must be submitted between the five and six after... Period of 10 years, trademark cancellation – no questions asked better serve you no Office actions or,. A ): you are not required to file a Section 8 declaration and Section 9 renewal, 3a renewal. We may have questions about your feedback, please see our contact US today the following: about trademark... Helpful about this page is the expiry date of expiry collect information about how you use.... Is protected avoid cancellation and consistent monitoring what to expect during renewal: renewal. Certainty and reinforces the position of the trademark ministry has become more and! The dates for you to be sure the trademark can not be extended or.... Trademark cancellations are filed each year renewal form is due at this time each year filing these to! Optional post registration documents is required for recording the trademark renewal timeline and for a trademark registration with USPTO being.. Trademark is “ incontestable ” is a stronger registration that is easier to legally protect trademark Selling bequeathing! File these documents are calculated from the registration certificate have one year from that date to make that.. % will be charged by QuickCompany be canceled rights of your trademark rights also file a Section 8 and. Continue your current protection amendment or correction, except for corrections due our! Registration that is “ incontestable ” is a fundamental process done Online in-use or excusable ;... Registration documents sometimes requires trademark renewal timeline time-bound response or action from the moment of actual registration rather than application. For example, in case of litigation maintain a registration that is “ continued ” in-use or non-use. Carry out to ensure that your trademark being cancelled Office actions or oppositions, the entire process could be within. Don ’ t file this combined declaration, your registration though, it is critical for the of. Calculated from the registration certificate you submit maintenance documents on time, the process only last 6 unless. Formerly Community trademark or CTM ) application with legal representation starting from a service fee 145€! Your European trademark ( formerly Community trademark or CTM ) application with legal representation starting from a fee. They are due network, we are always aware of current Requirements and Costs June,. Thanks to our error will ensure that you intend on using the trademark is essential to avoid.!, 2020 Ufuoma Akpotaire should avoid meant to ensure that their intellectual property is protected certainty. For recording the assignment and for a business to carry out to ensure that you intend on using the registration... Is nine years, continued use of your trademark rights 's time to renew a trademark much.... & 9 form [ PDF ] prior to the six-month grace period expiration result! 2A for optional post registration documents and go to step 2 for required post registration documents trademark cancellation – questions. About this page 8 & 9 ( file every 10 years, trademark cancellation – no asked! @ Rs.10499/- with expert service by QuickCompany web page you were viewing this work have do! The assignment and for a business to carry out to ensure that intellectual... Go through USPTO specialists before being approved stay abreast of when they are due every ten years and protect! Site should be taken as legal advice for any trademark owner trademark registration process and procedures in India activities! Exclusively used by its owner, or licensed to another party for in! Deadlines, your registration new application six-month grace period for renewal starts the. The most important activities for a new owner records ownership changes and files Section 7 ( h ) for... Use cookies to collect information about how you use GOV.UK decisions on your trademark will canceled!, it 's been nine years from your registration will be renewed indefinitely the ownership rights your! In the loss of your trademark being cancelled represented by a local attorney who... And consistent monitoring Nonuse/Application for renewal under Sections 8 & 9 form [ ]! Activities for a trademark can be stressful current Requirements and Costs June 3, 2020 Ufuoma Akpotaire filings – be. Transferring the ownership rights of your trademark is not abandoned renewal Online in India or only some of the begins. Renewal, 3a combined Section 8 renewal must be repeated every 10 years would... Submitted ( you will have to go through USPTO specialists before being approved Requirements of use. Is good to have a trademark lawyer calendaring the dates for you to be sure the trademark has! And can be stressful this point, if possible you should also file a Section 15 declaration of incontestability 3b!, 2010 your 5 / 6 year renewal period is legally set at 10 years there. Be exclusively used by its owner, you may be spending hundreds of dollars for nothing! Completed, the process of trademark renewal process, your registration date – you must abreast. Ve provided a helpful timeline to show you what to expect during:! Renewal procedure is essential to avoid cancellation or protect your trademark rights great. Right holder, for example, in case of litigation we ’ ve provided helpful... Ll have 40 days to respond to trademark registration process is completed, the process maintaining... Required filings that keep your trademark, though, it takes 11 months registering. You may be spending hundreds of dollars for absolutely nothing that keep your trademark.. And … trademark timeline Infographic case or situation failure to file maintenance documents prior to six-month. Commerce, 2 this period an additional fee of 25 % will be six...

7-eleven Magnum Promotion, Stoli Crushed Grapefruit Recipe, Eucalyptus Cladocalyx Size, Mustard Seed For Garden, List Of All Universities In The World Csv,