Every bit a trademark owner, you lot should ensure you are aware of the renewal requirements on your trademark registration. That you being said, if y'all are unaware of the renewal deadlines, you're in luck: starting this yr, the United States Patent & Trademark Office volition be sending renewal notices to remind trademark owners of these important dates. Why is this such an of import evolution? For the unabridged history of the Lanham Human action (which dictates U.Southward. trademark police) – nigh seventy years – there accept been no reminders or notices of renewal dates. Trademarks are subject to immediate cancellation after a missed deadline, and the responsibility to remember the dates and to make the necessary filings previously lay entirely with the owner. The new USPTO reminders will ease some of that burden.

You still take a great deal of responsibleness for trademark renewal and maintenance as a trademark possessor, all the same – don't let this new step of aid by the USPTO filibuster your obligations in taking one of the nearly critical steps in retaining the rights to your mark. Here are some important things to know about the trademark renewal process, and what you tin now expect from the USPTO.

Receiving your USPTO trademark renewal reminders via email

The USPTO will transport your trademark renewal reminders to the email address that they have on file for you. Be sure that the e-mail address on file is one that you monitor regularly, otherwise you'll miss them. You should besides "whitelist" the USPTO email domain to ensure that your reminders won't be accidentally filtered as spam or junk email. Information technology's also a good thought for you to independently set reminders for your maintenance and renewal filings – in other words, don't rely exclusively on receiving an e-mail from the USPTO, in case of any complications, or changes in your e-mail address. Call back – these are courtesy reminders. You demand to brand your filings whether or not you receive them. Every bit far as when you tin can expect the reminders, the USPTO volition email y'all on the first possible day that y'all can file for your renewals.

Understanding the deadlines for your The states trademark renewals

  • 5 Years – This is when your offset maintenance filing is due, showing usage of your marking – run into below.
    • Five years from the registration date of your trademark
    • You lot have one year from that date to make the maintenance filing
    • It'south chosen a maintenance filing / not a renewal
  • 9 Years – This is when your 10 yr trademark renewal is due.
    • You can file your trademark renewal afterward the 9th year of your original registration date
    • Y'all take 1 yr from that date to make the renewal filing
    • It must be filed (renewed) the twenty-four hours earlier your 10 years (original filing date)
  • Every 10 Years – Additional renewals are due every ten years thereafter
    • Following the aforementioned format of being able to file the renewal in the 9thursday year, with the final date existence one twenty-four hour period before the 10thursday twelvemonth (initial registration appointment)

Requirements of a United States trademark renewal filing

Once you receive your USPTO reminder email, yous'll submit a announcement of continued use. This is an affidavit indicating that your trademark has been in continuous, active, proper use in commerce. Trademarks not in active and proper use are subject to challenge or cancellation, then it's important to maintain the force and usage of your marker throughout its life. You'll also demand to submit a specimen which shows how y'all are using your trademark (e.grand. a photo of packaging for your products). As with your initial trademark awarding, the specimen will testify how your mark is used in commerce to identify your products and/or services.

Ensuring that you lot exercise non miss trademark renewal deadlines

You should neither wait for a reminder nor put off your maintenance and renewal filings – once the due date arrives, it's a skilful time for you to submit the necessary forms. The new USPTO courtesy reminders practice not relax the "zilch-tolerance" cancellation policy for late renewals – once the final date passes, you'll lose your marker. You lot simply accept too much at stake to wait to file your trademark renewals – the time and effort you put into creating and registering your mark, and the expert will that your marker has caused, to name just a few things. It'due south also amend to be proactive and as early as possible in your filings should whatsoever unforeseen complications or questions arise. You'll be better equipped to bargain with them without the additional pressure level of dangerously looming deadlines.

USPTO trademark renewal fees

The USPTO recently lowered electronic filing fees, so provided that you concord to eastward-file and receive all correspondence electronically, you will pay those reduced fees. Trademark renewals (the filings due every ten years) now price $300 per class of goods/services, rather than the $400 that they used to. Statements of continued employ (which you lot'll file at every due engagement – the fifth-twelvemonth filing in improver to the 9th-year and subsequent tenth-year filings) remain at $100 per class of goods/services

Should you accept whatever questions or uncertainties well-nigh any aspect of your trademark maintenance, from due dates to fees to what'south required in a filing, yous should contact a trademark attorney for assistance. Again, you lot accept besides much at stake equally a trademark owner to risk losing your mark due to errors or delays.