What happens if I don’t renew my trademark?
In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.
Can I use expired trademark?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can a trademark be renewed once it expires?
There is generally a six-month grace period following the expiry of a trademark. During this time, the trademark can still be renewed.
Can I buy a dead trademark?
Technically speaking, a dead trademark is available for use and registration by somebody else. However, just because a trademark is dead does not mean you are automatically guaranteed success if you try to register it. Rather, a dead trademark can provide valuable insight into the fate of your trademark.
How much does it cost to renew trademark?
3. Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period).
When should I renew my trademark?
You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you’ve exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.
Are trademarks automatically renewed?
Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago. You might still be able to restore your trade mark by post.