How Do I Renew An Expired Trademark?

How long can you own a trademark?

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..

Can a trademark be renewed indefinitely?

There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. … If the trademark is not being used for a period of five years then it may be cancelled at the request of another party. The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years.

How do you pay a trademark fee?

Pay online (preferred method) We accept credit and debit card, deposit account, or EFT when paying online. Guest users can only pay with a credit or debit card, but signed in USPTO.gov account users can pay with any payment method stored in Financial Manager.

What happens when a trademark expires?

Fortunately, the USPTO offers a six-month grace period, before the mark is considered abandoned. They wait an additional two months after that before they officially post notice of its abandonment. If you let your trademark expire, you leave it open for another company or user to register and use it.

How long do you have to renew a trademark?

10 yearsAccordingly, if your trademark registered on June 1, 2010 it must be renewed between June 1, 2019 and June 1, 2020. Of note, the ten year renewal requirement is currently perpetual. 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.

Can Trademark be renewed by paying the renewal fee?

But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration.

How much does it cost to renew trademark?

The fee for filing a combined section 8 declaration and Section 9 application for renewal is $425 per class of goods or services in the registration. A combined filing filed during the grace period must include an additional $200 fee per class of goods or services.

Who should be the owner of a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

What happens if a trademark is not renewed?

Lateness in filing a trademark renewal application can lead to many complications for the owner, like increased fees, penalty, or losing the protection of the Registered Trademark altogether. Remember, loss of trademark protection is the most serious repercussion of failing to file your trademark renewal on time.

What happens to a trademark when the owner dies?

What happens if the trademark owner dies without him assigning the trademark to another entity? Of course, the trademark dies with him. On the other hand, if there exists a will in which he left his assets, including the trademark to a particular individual, then the trademark is transferred to the individual.

A copyrighted work does not become public domain when its owner dies. … Copyright is treated no differently than other property. So ownership in a copyright can be passed to an heir or to a third party via a will.

Can I use a trademark that has been abandoned?

“a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.

How do I renew my trademark online?

The Declaration of Use and the renewal are normally done through the USPTO website using their electronic filing system called TEAS. You can enter the required data in a form, upload images and credit card information, and receive confirmation via email. The dates for renewal are critical.