You can file your Affidavit of Use and your Renewal at the same time, which is called a Combined Section 8/9 Filing. Payment … United States: New USPTO Trademark Use Audit In Registration Maintenance / Renewal Filings (Section 8 And Section 71 Use Declarations) 12 April 2018 by Fross Zelnick Lehrman & Zissu, P.C. The United States government filing fee is $125. You can reach me by phone at (314) 749-4059, via email at firstname.lastname@example.org, or through my contact form located near the bottom of this page. Requirements for the Declaration of Use are outlined in the Section 8 of the Lanham Act, hence the name. Of note, the ten year renewal requirement is currently perpetual. The Section 8 must also be filed at the same time as the trademark renewal. A trademark registration at the USPTO can potentially last forever. Section 8 & 9 – Combined Declaration of Use & Application for Renewal: Must be filed on a date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the date of registration, and then again every ten (10) years thereafter. If you've continuously used your trademark when the Section 8 filing is due, you will need to file a Declaration of Use. If you miss your filing dates and your trademark is cancelled, you must file a new application to re-register the mark. Normally, the Declarations can be filed by the next business day. Failure to file the required Section 8 affidavit will result in the automatic cancellation of your registration by the U.S. Patent & Trademark Office. You must also be planning on reusing the trademark commercially after getting these problems fixed. Section 8 Company / NGO; Plan My Startup. Was this document helpful? At Trademark Bazaar, we possess sound understanding of this kind of company setup and provide all necessary support needed for the incorporation of Section 8 Company. a trademark specimen refusal). Even so, the USPTO provides a six-month “grace period” in which to file the Section 8 and 9 Renewal. These can be filed as early as the ninth anniversary date. It lets you to ask for the highest level of protection under federal law. There was a six (6) month grace period after the deadline to file your Section 8. As a trademark owner, it is important to consider the maintenance and renewal of trademark registrations. 8 min read This affidavit is your sworn oath that the trademark is still being used commercially. Examples – What Could Happen When You Complete a Section 8 Trademark Declaration vs. Between the fifth and sixth years after registration, you promptly filed the Combined Section 8 & 15 forms to declare It will still be protected under state law rules as well as common law. The registration is renewed by filing a §8 Declaration of Continued Use as well as a §9 Application for Renewal. If your trademark is registered with the USPTO under Section 66(a) (extension of protection through the Madrid Protocol), then you would instead (1) file a Section 71 Declaration of Use with the USPTO, and (2) renew your international registration directly with the World Intellectual Property Organization (WIPO). A second Section 8 and 9 Renewal must be filed between the 19th and 20th year of registration. In addition to your Section 8 filing, you must also show your mark in use every ten years. It confirms your federal trademark has been in continuous use for five years. There are excusable reasons for not continuously using a trademark, including fire, illness, retooling, natural disasters, or other damages. You can file a Declaration of Excusable Nonuse for your Section 8 filing if you're having trouble using your trademark. The Section 8 tells the USPTO, and as a consequence the general public, that you have been using the trademark continuously for the last five years. The Section 15 filing is an optional statement claiming your incontestable rights. If your Section 8 and 9 Renewal satisfies all four of the above requirements, then the USPTO will accept it and your trademark registration will remain live. A Section 8 Trademark Declaration is a statement made to the USPTO that confirms your federal trademark has been in continuous use for five years.6 min read. Morris E. Turek | (314) 749-4059 | email@example.com. Just before a trademark turns five years old, the USPTO will send a notification to you letting you know that the time has come for the mark to graduate to the next period of its life, through filing what is called a Section 8 affidavit. You can only file for an Excusable Nonuse if you plan to continue using the trademark but your current situation has kept you from using it. A six-month grace period for filing the Section 8 exists as long as the required fee is paid. You failed to file on time, or within the grace period. The Section 8 and 9 Renewal is a combined document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining and renewing a trademark registration. Post a question or job in the UpCounsel marketplace and make sure you have the legal counsel you need to cover all your bases. Renewal: Following registration, the USPTO requires that the mark be renewed from time to time. Fill out this form to engage JPG Legal for the Renewal or Maintenance of your registered U.S. trademark. In these circumstances, Tysver Beck Evans does not charge any additional fee for preparing the Section 15 Affidavit beyond the cost of filing the Section 8 affidavit. Those who fail to file their Section 8 Trademark Declaration on time will lose their registration. Section 8 Affidavit. SECTION 8 and 9 AFFIDAVIT AND RENEWAL. For instance, if your trademark registration was issued on March 15, 2013, these are the dates you can expect: Your Section 8 Declaration of Trademark Use must be filed between the fifth and sixth year after your registration date and every 10 years after that. When You Don't, Registration Maintenance/Renewal/Correction Forms page, There hasn't yet been a final decision against your claim of ownership or right to register the trademark, It's within one year of a five-year period of consecutive and continuous trademark use from the date of registration, March 15, 2018 – the earliest date you can file your first Section 8, March 15, 2019 – the normal Section 8 due date, September 15, 2019 – the last possible date to file your first Section 8 with extra fees; missing this deadline cancels your trademark registration, March 15, 2022 – the earliest date you can file your first renewal, also known as the combined Section 8/9, March 15, 2023 – the normal due date for your joint Section 8/9, September 15, 2023 – the last possible date to file your Section 8/9 with extra fees; missing this date cancels your registration. Many people finish under 15 minutes. The trademark may be registered in one or more states or not at all, and it would still be enforceable, as long as it is "in use in commerce" and not "intentionally abandoned." I look forward to speaking with you soon. Your trademark registration has been abandoned. If you don’t, the U.S. Patent and Trademark Office (USPTO) will cancel your registration. Upload a specimen showing the mark in commercial use. GST Registration; Professional Tax; PAN Card; TAN Registration; Business Licenses. The government (paying to USPTO) charges a fee of $425 per class to process a 10-year trademark renewal; and $125 per class to process a statement of continued use (due on the 6th-year). Keep in mind that just because a trademark is canceled from missing the deadline doesn't mean your trademark is lost. Please note that a Section 8 affidavit is required in order to maintain your registration. A request that your registration be renewed for the goods/services identified in your registration 3. Some trademark owners put off filing the renewal papers until near the end of the one-year window. Of course, there wouldn’t necessarily be anything preventing you from filing a new trademark application, but you will be starting the entire registration process from scratch. If you get an Office action, you have six months to respond. So, in the above example, you would really have until July 21, 2030 to file the Renewal (six months after January 21, 2030). A renewal must be filed between nine and ten years after a trademark registers, and every ten years thereafter. Share it with your network! For a trademark not registered through the Madrid Protocol, you’ll need to file another Section 8 and 9 Renewal in order to keep your trademark registration alive. Product specimen examples include product packaging photos, product labels, or clothing tags displaying your trademark. Sadly, if you fail to file the Renewal, the USPTO will cancel your trademark registration and all of the protections and benefits that come along with owning a federal registration will be lost. A Section 8 Trademark Declaration is a statement made to the United States Patent and Trademark Office (USPTO). At this point in time, your trademark has been registered for a few years now. Sign up for our service and sign our engagement agreement here. No. Trademark Renewal – Combined Section 8 & 9 Filings. What are the Requirements for a Trademark Renewal? You must file the first Section 8 and 9 Renewal between the ninth and tenth year of registration. The affidavit must include a description of the goods or services bearing the trademark. Section 9 Trademark Renewal. (15 United States Code, Section 1058) and explained below. A Section 8 Declaration Is a Sworn Statement of Use or Excusable Nonuse of the Trademark. Trademark Renewal Service order page – services provided by Online Trademark Attorneys. So long as a trademark's use is continuous a trademark holder may keep the mark registered with the U.S. Patent and Trademark Office by filing Section 8 Affidavit(s) of Continuous Use as well as Section 9 Applications for renewal, as required, and paying the fees associated with them. In order to file a Section 15, you must provide evidence of: Under the Lanham Act's Section 15, you can claim incontestability when: Filing a Section 15 gives you an extra advantage if you ever need to go after anyone who infringes on your trademark. Submission of at least one recent specimen of use per classof goods/services listed in your registration (unless you’re claiming excusable nonuse) 4. If you don't respond, the trademark registration will be cancelled. The first filing is due between the 5th anniversary and 6th anniversary of the issuance of the registration certificate. Execute the declaration as to whether the trademark has been in continuous use from when the application was originally filed. The statue gives the trademark owner an additional 6 month grace period to file the affidavit with a fee. Each additional class filed is $139. You did not timely file a Section 8 renewal. Contact us at (917) 268-7054 or firstname.lastname@example.org. Excusable scenarios include natural disasters and illness. Failure to make sure all information is correct. If you need help filing your Section 8 Trademark Declaration or wish to speak with a trademark lawyer about your trademark's nonuse, the attorneys on UpCounsel can help. They can also be filed up to six months after the tenth anniversary but this is called a “grace period” filing and required extra filing fees. If the mark has already been assigned to a new owner since the registration and the Section 8 is filed by the new owner, a change of ownership is shown in the USPTO database. MSME /Udyog Aadhar Regn; PF/ESI Registration; Import Export License (IEC) Digital Signatures; Intellectual Property. 1. Naturally, such loss could be harmful to your business. Have more questions? No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Once an application has matured to registration, you must timely file all required maintenance documents and continue to use the trademark in commerce (or show that special circumstances exist to excuse the nonuse of the trademark) with the goods or services in the registration in order to keep a federal trademark registration alive.Between the 5th and 6th year of registration, you must file a Section 8 declaration. It's important to remember that any nonuse is only excusable if the circumstances are temporary. Some registrants have committed fraud when filing a combined Section 8 and 15 declaration, which canceled the registration. There is also an optional $45 fee for filing a Section 15. Eligibility Criteria for incorporating Section 8 Company To avoid this risk, consult your attorney to make sure all requirements are met before filing your Section 15. Service specimens include advertisements, brochures, and websites including the trademark. Consult on Call; Business Plan; Tax Registrations. So, for example, if your trademark registration issued on January 21, 2020, you would have to file the Renewal between January 21, 2029 and January 21, 2030. Follow the filing instructions and enter your registration number. Oftentimes, owners of trademark registrations neglect to file the Section 8 and 9 Renewal due to the substantial length of time between renewal periods. Section 15 is an affidavit claiming incontestable rights to your trademark for specified services or goods. The Section 8 and 9 Renewal is only applicable to trademarks that are registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration). If there have been any special circumstances preventing you from doing so, you will need to give an explanation. But it must be properly renewed. If the Section 8 Trademark Declaration of Use is not filed within the one year period between the 5th and 6th year the registration is subject to cancellation. The fee (currently $100) must be enclosed along with a specimen of the mark as it is currently used for each class of goods or services. If you include the grace period, the Renewal would need to be filed by July 21, 2040. Over the years, I have helped thousands of individuals, businesses, organizations, and associations located all over the world avoid the devastating and disastrous effects of being sued for trademark infringement by making sure they take all the legal steps necessary to protect themselves. Accordingly, if your trademark registered on June 1, 2010 it must be renewed between June 1, 2019 and June 1, 2020. Trademark Maintenance: Everything You Need to Know Trademark Law Resources Types of Trademarks How To Register A Trademark. Nonuse on the basis of a decreased demand for your product does not qualify. Otherwise, you should file a Declaration of Excusable Nonuse. It confirms your federal trademark has been in continuous use for five years. The Section 8 and 9 Renewal requires the following: 1. LegalZoom's Trademark service makes it easy and convenient to file your Trademark Renewal and Declaration of Continued Use in one easy questionnaire. Under section 8 of the Lanham (trademark) Act, you had to file the affidavit between years 5 and 6 from the registration date. The requirements for the declaration are set forth in Section 8 of the Lanham Act. These could include submitting images of a product with your trademark on it. This filing is called a Section 8 declaration of continued use. Trademark Renewal Forms. Provide information about who owns the trademark. In Short The Action: The United States Patent and Trademark Office ("USPTO") may now issue post-registration Office actions requiring evidence of use on multiple goods or services for Section 8 and 71 trademark renewal affidavits. In the event that it doesn’t meet all four requirements, then the USPTO will send you a post-registration office action outlining the reasons why the Renewal couldn’t be accepted (e.g. If your trademark has been registered for 9 years, it's time to file a renewal—you have one year following that 9-year anniversary to renew. Want High Quality, Transparent, and Affordable Legal Services? You must also send examples of the trademark's usage. The deadline to file your Section 8 Declaration of Use falls between the fifth and sixth anniversaries of your federal trademark registration. If it’s time to file the Section 8 and 9 Renewal but you’re maybe a little uncomfortable preparing and filing it yourself, please don’t hesitate to contact me right away for your free and confidential consultation. So, in the example above, the second Renewal would need to be filed between January 21, 2039 and January 21, 2040. The requirements for Section 8 and Section 71 papers are roughly the same and so the discussion which follows applies equally for both. The Section 8 and 9 Renewal requires the following: Please be aware that if your trademark is no longer in use in connection with all of the goods and/or services recited in your registration, you must delete from your registration all goods/services you’re no longer offering or providing. § 1058. Additional filing dates occur between the ninth and tenth anniversaries and every 10 years after that. What legally constitutes "Use in Commerce" for trademark renewal as defined in the Section 8 form submitted during 10 year renewal? When this is the case, the non-usage must be temporary. In addition to Sections 8 and 9, you should also be aware of Section 15, which is a Declaration of Incontestability. If you miss the filing dates, you will need to reclaim your federal trademark by filing a new registration application. Trademark maintenance consists of five elements: renewal, cautionary notice, tax, affidavit of use, and proof of renewal of basic registration. A Section 8 and 9 Renewal must then be filed every subsequent ten years (calculated from the registration date) in order to keep your trademark registration active. If a company has not produced or offered for sale a trademarked product in over 25 years, are they legally obliged to retain the trademark indefinitely? There are some risks associated with filing a Section 15, although they are rare. The Section 8 filing must include … You will receive either a Notice of Acceptance or Renewal or an Office action within weeks after filing Section 8. Just fill out the correct form and send photographs of your trademark. A Section 8 Trademark Declaration is a statement made to the United States Patent and Trademark Office (USPTO). If a trademark owner does not file then, they can file the Section 15 form alone anytime after five years from when the trademark was registered. Trademark Attorney, United States Patent and Trademark Office, A verified statement that your trademark is currently in, A request that your registration be renewed for the goods/services identified in your registration, Submission of at least one recent specimen of use, Payment of the government filing fees (which depend on the total number of classes listed in your registration). When to file the renewal papers. The USPTO automatically combines the Section 9 Trademark Renewal with the Section 8 form because they are required at the same time. Trademark owners, or their trademark lawyer, can file a combines Section 8 and 15 form through TEAS during the first renewal period. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of … Because the government filing fees are much higher if you file within the grace period, I would strongly encourage you to file the Section 8 and 9 Renewal prior to the start of the grace period. You will need to offer your USPTO trademark registration number and proof (also known as a "specimen") of your trademark use. A verified statement that your trademark is currently in use in commerce in connection with the goods and/or services listed in your registration (unless you’re claiming excusable nonuse) 2. An affidavit of continued use must be filed in the U.S. Patent and Trademark Office prior to the end of the sixth year of registration, but as early as the beginning of the fifth year. Change of address forms add an extra $45 fee, and filing within the USPTO's grace period tacks on another $100. If your goods or services are misidentified in the registration, the registration could be challenged. Hire the top business lawyers and save up to 60% on legal fees. I’m experienced US trademark attorney Morris Turek and I have focused my practice of law almost exclusively on trademarks since 2005. The Patent Office will not accept a substitute affidavit after the deadline, so unless you want to go through the entire trademark registration process all over again, be mindful of your dates. (Referring to Section 8 of the Lanham Act, and codified at 15 U.S.C. Section 9 filing fees are $300 per class of services or goods covered by the trademark. If you’re not sure how to answer a question, you may leave it blank. For an additional fee, which is now $100, you may file within the six-month grace period after the sixth anniversary date. Normally, you will file these documents through the USPTO website's electronic TEAS filing system. This third type of trademark filing is not mandatory, so your trademark cannot be canceled if you opt not to file it. Our legal professionals make the incorporate job extremely easy and fruitful for our clients in a satisfactory manner. Failing to file your Declaration on time will result in the loss of your trademark registration. The second Section 8 filing and the first renewal are due on the tenth anniversary of the registration date. The "Section 8" merely refers to the fact that a registrant failed to file the necessary forms and fees before the 6-year deadline, resulting in administrative cancellation of the registration. Your registration has been canceled for failure to file a Section 8 renewal. In the timeframe between the fifth and sixth anniversaries of getting your federal trademark registration, you must file a Declaration of Use stating that you still use the trademark. Typically, the Section 15 Affidavit is filed along with the Section 8 Affidavit. Taxation Registrations. The deadlines for the required filings are: A Declaration of Use (also called a Section 8 Filing) must be filed between the 5th and 6th year after your registration was issued, and then again as part of every renewal The declaration must also be filed at the time of trademark renewal. Home > Trademark Blog > Trademark Registration Renewal and Maintenance > What is the Section 8 and 9 Renewal for a Trademark? What is a Section 8 Trademark Declaration? In order to avoid cancellation of your federal trademark rights, you will need to be familiar with two different renewal forms: the Declaration of Use under Section 8, and the Application for Renewal of Registration under Section 9. Use the USPTO's Trademark Status & Document Retrieval system to check the status of your registration. We will prepare and file a Declaration of Use and Renewal Application under Sections 8 and 9 of the US Trademark Act for you and docket your trademark registration for $950 including legal fee and government cost). You simply lose the benefits of your federal registration. Why is a Section 8 Trademark Declaration Important? What is a Section 8 Trademark Declaration? I’m experienced US trademark attorney Morris Turek. If these documents aren’t filed by the 20th year of registration (or within the six month grace period), your registration will be canceled. Learn More About Trademark Attorney Morris Turek, US Trademark Attorney Morris Turek | 5.0 stars, based on 155 reviews. Copyright 2009 - 2020 YTA, LLC Disclaimer, US Trademark Attorney Morris Turek 167 Lamp and Lantern Village Chesterfield, MO 63017 (314) 749-4059, Trademark Office Action Responses and Appeals, Extension of Time to File Statement of Use, Trademark Registration Renewal and Maintenance, DIY Trademark Services vs. Click here for more information. In other words, a Section 8 Declaration is a sworn statement, made by the owner, that the trademark has been used continuously since the registration was granted. If it's been nine years, it's time to renew your registration. As you are now well past the grace period, unfortunately, your application can not be revived or re-instated. 4. Under limited circumstances, an owner can still retain the registration without proving use, if the nonuse is excusable. Additionally, if the trademark meets the requirements of §15 of the Trademark Act, the trademark owner may additionally file an optional Declaration of Incontestability, which makes the trademark immune to challenge. As such, the combined Section 8 and 9 filing fees are $400 per class. As a general rule and for obvious public policy reasons, the USPTO will not allow trademark owners to sit on trademarks if they are not being used. The first part of the Section 8 is an affidavit. Those who fail to file their Section 8 Trademark Declaration on time will lose their registration. 2. Case, the ten year Renewal requirement is currently perpetual §9 application for Renewal business Plan ; registrations! Trademark Maintenance: Everything you need to cover all your bases when you Complete a Section 15 experienced US attorney! 6 month grace period ” in which to file it be protected under state law rules as well common! 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Will cancel your registration by Online trademark Attorneys ( 314 ) 749-4059 Morris.
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