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.

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.

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.

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

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.

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.