Is there a trademark renewal grace period?
If you miss a trademark registration maintenance deadline, there is good news. You have a 6-month trademark registration grace period. Unlike patents, a federal trademark registration can last indefinitely as long as the owner diligently maintains the registration. To maintain a registration, the owner generally must continue using the mark on the registered goods or services and file timely documents with the USPTO by certain due dates.
These due dates are known as post-registration deadlines. For example, there is a first deadline at the sixth (6) year anniversary of the registration date, a second deadline at the tenth (10) year anniversary, and subsequent deadlines every ten years thereafter.
How long is the trademark grace period?
A six-month grace period is available. So you have only 6 months if you missed, for example, a Section 8 statement of continued use of the trademark on the goods/services identified in the registration. Additional government fees will apply. The additional surcharges for the grace period are determined by the number of classes of goods/services in the registration.
Can your trademark use occur during the 6-month grace period?
Yes, you can use your trademark before the expiration of the 6-month grace period and file a Section 8 Statement based on that use (see TMEP 1604.10).
You do not need to provide an excuse as to why a Section 8 affidavit is being filed late.
Is there more time in addition to the 6-month grace period?
No. There is no more time beyond the 6-month grace period to maintain a trademark registration. If a proper filing has not been made by the grace period, the registered mark will eventually be canceled.
What if your registration has been canceled?
If it’s too late to renew or maintain your registration, you must file a new trademark application as soon as possible to obtain a new registration. Act quickly. Since you will not have the benefit of the priority date of your lapsed registration, securing an earlier filing date for your new application will be critical.
Keep in mind that there may be more obstacles to overcome now that you have a later filing date. In particular, you may encounter more prior-filed applications and registrations of similar marks that can block your new application.
Need to renew your trademark registration or re-apply for an expired trademark?
Contact US patent and trademark attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623 to see how we can promptly file your trademark application and beat others to the USPTO.
