Requirements for Filing Trademark Renewal

Requirements for Filing Trademark Renewal

A. Continued Use.

Along with your Section 8 Declaration of Continued Use form, you must provide:

(1) a filing fee for each class of goods or service; and

(2) a specimen showing use of the mark for each class of goods or services.

Your Section 8 Declaration of Continued Use document includes a sworn statement signed by you (or someone authorized to sign for you) attesting to the continued use of your trademark in commerce.

B. Excusable Nonuse.

If you have not used your trademark continually for the 5 years following its registration, you must provide the USPTO with an acceptable circumstance beyond your control that forced your nonuse of the trademark. Such an excuse must be specific as to the reason for your nonuse or your trademark registration will be cancelled.

  • Trademark Statement of Use
    To register a trademark with the U.S. Patent and Trademark Office (USPTO), you must prove that you are actively using your trademark to sell goods or sell or advertise services. In other words, you cannot register a trademark simply to tie up the rights to it. You must actually use it in commerce...
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  • Requirements for Filing Statement of Use
    Along with your Statement of Use, you must provide to the USPTO: (1) a filing fee for each class of goods or services, and (2) a specimen showing use of the trademark for each class of goods or services that you originally selected. Your trademark can only be registered in those classes and those...
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  • A Word About Trademark Specimens
    A trademark specimen is a real-world example of how you are using your trademark on goods or in the offer of services. A specimen is more than just a picture of your trademark or logo. For goods (products), acceptable specimens include labels, tags, packaging material, instruction manuals and...
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  • Time Frame for Filing a Trademark Statement of Use
    To complete the trademark registration process, you must file a Trademark Statement of Use within the following time period:
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  • Searching for Conflicting Trademarks
    While you are not required to search for conflicting trademarks, it is highly recommended. Should there be any existing trademarks already federally registered that conflict with yours, your application can be denied and your filing fees would not be refundable. Additionally, since trademarks can...
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  • Legal Requirements for Registering Your Trademark
    There are four basic requirements for filing a trademark (or service mark) with the U.S. Patent and Trademark Office (USPTO). The trademark must be applied for under the actual owner's name. The owner of the trademark is the person who controls the nature and the quality of the goods sold or the...
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