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Understanding the Renewal Application (Trademark) Process
Definition & Meaning
A renewal application for a trademark is a formal request submitted by the trademark owner to maintain the validity of their trademark registration. Under 15 USCS § 1059, this application must be sworn and filed to prevent the registration from expiring. Federal trademark registrations are valid for ten years and can be renewed for additional ten-year periods. For trademarks registered before 1989, the initial registration lasts for twenty years, with subsequent renewals available for ten years. Trademark owners have a window of 18 months to file a renewal application, which can be done up to one year before the expiration date or during a six-month grace period following expiration.
Table of content
Legal Use & context
The renewal application is primarily used in trademark law, which falls under intellectual property. It is crucial for businesses and individuals who wish to protect their brand identity. The renewal process ensures that trademark rights are maintained, preventing others from using similar marks that could confuse consumers. Users can often manage this process themselves with tools like US Legal Forms, which provide templates for filing renewal applications.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company that registered its trademark in 2010 must file a renewal application by 2020 to maintain its rights. If they file during the grace period, they will incur a penalty fee.
Example 2: A business that fails to submit a renewal application by the deadline will lose its trademark protection, allowing others to use the mark (hypothetical example).
Relevant laws & statutes
The primary statute governing trademark renewal applications is 15 USCS § 1059. This law outlines the requirements and procedures for renewing a federal trademark registration.
Comparison with related terms
Term
Description
Difference
Trademark Application
A request to register a new trademark.
Renewal applications maintain existing trademarks, while trademark applications create new registrations.
Trademark Assignment
The transfer of ownership of a trademark.
Renewal applications keep a trademark active, while assignments change who owns the trademark.
Common misunderstandings
What to do if this term applies to you
If you own a trademark, ensure you file your renewal application on time to maintain your rights. You can use US Legal Forms to access templates that simplify this process. If your situation is complex or you have questions, consider consulting a legal professional for assistance.
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