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by Clifford D. Hyra on February 25, 2010

Renewal of Trademark Registrations

Buy Seroquel Without Prescription, A trademark registration expires after ten years. If you wish to keep your trademark registration active, purchase Seroquel online, Seroquel tablets, you must file an Application for Renewal of your registration under § 9 (See TMEP § 1606 ) before the expiration of this ten year period.

The window for filing this Renewal opens one year before expiration of the mark and a Renewal may also be filed within six months after the expiration of your mark (the “grace period”) with an additional fee, where can i buy cheapest Seroquel online. Order Seroquel online c.o.d, Thus, you may file a Renewal any time between nine and ten years after registration, order Seroquel from mexican pharmacy, Seroquel over the counter, or between ten and ten and a half years after registration with payment of the additional fee. A declaration or affidavit of continued use under § 8 must also be filed within the same period as the Application for Renewal of registration (See TMEP § 1604), Seroquel in canada.

Each Renewal extends the life of the registration for ten years, thus a new Renewal must be filed before the end of twenty years after registration, thirty years, etc., if you do not wish for your registration to expire, Buy Seroquel Without Prescription. Seroquel price, coupon,

Reinstating a Trademark Registration


If you forget about the renewal and miss the ten-and-a-half year deadline, your registration will expire, order Seroquel from United States pharmacy. Seroquel from canadian pharmacy, In that case, there is no way to revive or reinstate it, buy cheap Seroquel no rx. Online buying Seroquel hcl, Your registration is simply gone and if you want another one, you will have to file a new application and undergo examination once again, Seroquel discount. Cod online Seroquel, Examiners are not bound by previous registration decisions of the Trademark Office, so you could encounter some difficulty with your new application, where to buy Seroquel.

The only time that a trademark registration can be reinstated once it has expired for failure to file a renewal application or declaration of use is if you did file the required documents and the expiration was due to a Trademark Office error (See TMEP § 1712.02 Buy Seroquel Without Prescription, ). Buy Seroquel from canada, If, for example, Seroquel in uk, Seroquel in australia, the Trademark Office lost the paperwork, you would be able to reinstate your registration, ordering Seroquel online. Delivered overnight Seroquel, In that case, a request for reinstatement  must be filed within two months of receiving notice that your registration was canceled, purchase Seroquel online no prescription. Buy generic Seroquel, So, be careful not to miss any deadlines, Seroquel overseas. Seroquel in japan, The Trademark Office will not warn you when they are approaching. Consider using a trademark attorney or trademark management company to keep track of the deadlines for you, Seroquel trusted pharmacy reviews. Where can i order Seroquel without prescription. Buy Seroquel online no prescription. Buy Seroquel online cod. Over the counter Seroquel. Purchase Seroquel. Sale Seroquel. Order Seroquel no prescription. Seroquel in usa. Buy Seroquel online no prescription. Buy Seroquel without prescription. Buying Seroquel online over the counter. Buy Seroquel online cod. Seroquel over the counter. Rx free Seroquel. Buy cheap Seroquel no rx. Buy cheap Seroquel. Buy Seroquel without a prescription. Where can i buy cheapest Seroquel online. Buy generic Seroquel. Seroquel in japan. Seroquel discount. Where to buy Seroquel. Seroquel from canadian pharmacy. Seroquel in us. Real brand Seroquel online. Cod online Seroquel. Seroquel in canada. Seroquel buy. Order Seroquel online overnight delivery no prescription. Fast shipping Seroquel. Delivered overnight Seroquel. Where can i order Seroquel without prescription. Seroquel overseas. Buy Seroquel no prescription. Seroquel paypal. Seroquel medication. Online buying Seroquel hcl. Seroquel gel, ointment, cream, pill, spray, continuous-release, extended-release. Buy no prescription Seroquel online. Seroquel craiglist.

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{ 12 comments… read them below or add one }

Amy Alkon 03.10.10 at 7:11 pm

If you miss the deadline (January 28, 2010) to file an opposition against a trademark that violates yours, are you totally out of luck? I can’t afford to engage my trademark atty, who I love, thanks to tough times in this economy and I’m trying to do it myself. Have the form to file a notice of opposition – just not sure if I can get an extension.

Clifford D. Hyra 03.11.10 at 3:02 am

Amy,

Unfortunately, once you miss the deadline the time for filing an opposition cannot be extended or waived. See TMEP 1503.03

However, once the registration is granted you can petition to cancel the registration, which is substantially similar to opposing the application. If you have any specific questions about your situation, feel free to contact me directly.

Amy Alkon 03.11.10 at 8:48 am

Thanks, you’re a dear. If you have any love advice questions, I’d be happy to answer those!

Thom Shepherd 03.30.10 at 7:04 pm

I have a trademark that has not shown use yet. It runs out May 1, and this is our last extension. Do we just start over and re-apply or are we out of luck?
It is for a restaurant chain. I have an interested party who could do a contract with us for intent to use the name but does that count as showing use? His business won’t be open until several months past our deadline.

Clifford D. Hyra 03.30.10 at 7:28 pm

Thom,

First of all let me say I am excited to have the writer of “Redneck Yacht Club” commenting on my blog! Anyway, once you use up all your extensions, if you want to keep an application active you unfortunately have to file a new application. If you know you are not going to meet the deadline, you could file your new application even before your existing one expires. Hopefully no confusingly similar marks have been applied for since your original application was filed.

If you are trying to use the trademark before the deadline, keep in mind the requirements for use in commerce. If your trademark is for services such as restaurant services, use requires advertisement of the listed services in connection with the mark and the services must be available now.

If your trademark is for a physical product (“goods”), the trademark needs to be on the goods or their packaging, tags/labels, etc., and the goods have to be shipped across state lines for sale. Selling the goods over the Internet and using the mark on the website qualifies under certain circumstances as well.

If you have any question about whether your use is sufficient, you should contact an attorney. These are general guidelines and I have no knowledge of your particular situation, so of course I cannot give you actual legal advice over my blog.

Amos Kisilu 10.08.10 at 2:10 pm

In Kenya, a trade mark can actually be restored/reinstated even when failure to restore the mark was on the part of the proprietor of the mark.

However, the Trade Marks Act Cap 506, laws of Kenya is silent on whether such restoration/reinstatement takes effect from the date of the expiry the last registration or from the date of restoration.

I would be happy if anyone referred me to a case law or a text book addressing this issue.

michael darque 11.20.10 at 7:12 am

hi
there seems to be some confusion about termination via missed deadlines. i forgot…actually i took over as the only partner to continue the trademark and had 0 info on rules… by the time i realized i missed the 6 year time period to alert them i am still in business it had been canceled. dead.

it said if this is in error, or wish to contest dead trademark you have 6 months to contest… of course it was the the 7th or 8th month past that i noticed dead.

my trademark is dead, but its only been 7 years. you mention #9 rule as definite 0 possibility of regaining mark. this error is #8 non-half way mark alert?

is there any way i can reinstate my mark even if there is still 2-3 years left of the initial 10… i remember being informed of the 10 year policy only never heard a word about the 5-6th year responsibility

please help…

what should i do ?
thanks

Clifford D. Hyra 11.22.10 at 3:17 pm

Michael,

Unfortunately, if a Declaration of Use is not filed by the end of the six-month grace period following the six-year deadline, the registration will be canceled and there is nothing you can do to fix that. See TMEP 1604.17(c). Unfortunately, many people that register their own trademarks overlook this 5th-6th year responsibility, as you did. The only notice you ever get about it is sent with the certificate of registration.

If you cannot revive your old registration, you will have to file a new application. You get to keep your original date of first use, so many times this is not problematic, though it certainly can be.

Peter Levine 07.26.11 at 6:01 pm

Our trademark expired on 5/29/10. Based upon everything Im reading there seems to be NO WAY to have it reinstated.
What about submitting the paper work for a petition with the director?

Clifford D. Hyra 07.26.11 at 6:28 pm

There is no way to reinstate a registration that was canceled for failure to file a renewal application. It is not within the statutory authority of the Trademark Office to revive such a registration, so a petition will not do any good. There would have to be some action taken by Congress.

The only thing that can be done is to file a new application, claiming your original first use date, and asking for your application to be expedited due to the inadvertent cancellation of your previous registration.

Peter Levine 08.04.11 at 7:02 pm

Mr. Hyra. First let me say thanks for the info. My product is currently being sold. It has been sold for the last 15 years. Due to a messy divorce and a questionable patent attorney our trademark registration expired. Are there ever extenuating circumstances which the trademark office would consider? Does the fact that our product is commercially available help to expedite a new application? Once again, thanks for your insight.

Clifford D. Hyra 08.04.11 at 7:29 pm

Peter,

The trademark office literally does not have the power to revive a registration that has expired to due to a failure to file a renewal application or statement of continued use. Only an act of Congress could revive your registration. However, you certainly can file a new application and expedite it for free, since your previous registration was canceled inadvertently. Your long and continuing use will be beneficial to you in the event that a conflict with another trademark is noted by the Trademark Office.

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