USPTO Registers Your Trademark

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USPTO Registers Your Trademark by Mind Map: USPTO Registers Your Trademark

1. 2. You file required registration maintenance documents

1.1. 3. You File Section 8 Declaration (every 5-6 Years)

1.2. 4. You File Section 8 Declaration & Section 9 Renewal (every 10 Years)

2. 2a. You file optional registration maintenance documents (anytime)

2.1. 3a. You File Section 15 Declaration of Incontestability

2.2. 3b. New owner records ownership changes and files Section 7(d) request for new registration certificate and/or

2.3. 3c. You file Section 7(e) voluntary surrender of registration and/or

2.4. 3d. You file Sections 7(g) and 7(h) request to amend or correct registration and/or

3. Notes

3.1. Section 8 Declaration of Continued Use a sworn statement, filed by the owner of a registration that the mark is in use in commerce. Section 8 of the Trademark Act, 15 U.S.C. §1058. It must be filed by the current owner of the registration and the USPTO must receive it during the following time periods: 1) At the end of the 6th year after the date of registration (or the date of publication under 15 U.S.C. §1062(c) for registrations issued under the Acts of 1905 or 1881 that have claimed the benefits of the Act of 1946), and 2) At the end of each successive 10-year period after the date of registration. There is a six-month grace period. If these rules and deadlines are not met, the USPTO will cancel the registration. -- see File a §8 Declaration e Biz

3.2. Section 9 Renewal Application a sworn document, filed by the owner of a registration, to avoid the expiration of a registration. Federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods. Trademark owners have a total of 18 months to file a §9 Renewal Application. The §9 Renewal Application may be filed one year prior to the registration expiration date or during the 6-month grace period immediately after the date of expiration. If the §9 Renewal Application is not filed or is filed after the grace period ends, the registration will expire. Because the due date of the 10-year §8 Declaration coincides with the due date of the §9 Renewal Application, the USPTO created a form entitled "Combined Declaration of Use in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 & 9" -- see File a §8 & §9 Combined Declaration e Biz