It may take you anywhere between 12 to 18 months to get your initial trademark application approved. After this relatively extensive process, you may never want to look back. However, you may be expected to renew your mark after a certain time since it has been in use. Without further ado, please follow along to find out more about the trademark renewal process and how a proficient New Jersey trademark lawyer at The Ingber Law Firm can work to ensure you are proactive in your approach.
What does the trademark renewal process look like?
You must file your trademark renewal with the same entity as you did your initial application: the United States Patent and Trademark Office (USPTO). Specifically, you must file a Section 8 Declaration of Continued Use between your initial trademark application’s fifth and sixth anniversary. Then, Section 9 Application for Renewal between the ninth and 10th anniversary. Regardless of which form, you may have to supplement it with a mandatory filing fee. And while there is a six-month grace period, you may incur additional fees.
Importantly, you should use the USPTO’s Trademark Electronic Application System (TEAS) to execute your renewal. Soon after your submission, the USPTO will hopefully send you a Notice of Acceptance/Renewal. Or, if they have questions or require additional information, they may send you an office action. You must respond to this accurately and promptly, otherwise, you run the risk of having your renewal canceled.
What are examples of excusable nonuse of a trademark?
Within your Section 8 and Section 9 forms, you must prove to the USPTO that your mark has been in continuous use in commerce. This may be established through tangible evidence such as photographs of your mark on your product’s labels and tags, packaging, brick-and-mortar store displays, website advertisements, etc. If not possible, you must demonstrate an excusable nonuse of your mark. This means your mark is undergoing a temporary cessation of use due to circumstances beyond your reasonable control. With that being said, the following may constitute valid reasons for nonuse:
- You may be in the midst of transferring ownership of your business, which is taking longer than initially anticipated.
- You may be unable to import or export goods necessary to make up your products or services due to a trade embargo.
- The factory that produces your products may be experiencing personal operational issues that directly affect your business.
- The area where you conduct your business operations may have been seriously affected by a flood, earthquake, or other natural disaster.
No matter your explanation, the founding message should be that you had no intention of abandoning your marl. Plus, you are actively trying to resume its use through a manageable and realistic plan and timeline. To conclude, to ensure you do not go through this critical yet complex process by yourself, please reach out to a talented Essex County, New Jersey intellectual property lawyer. Our team at The Ingber Law Firm is more than happy to serve you.