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Trademark Renewals

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Once a trademark is successfully registered, it must be periodically renewed to let the USPTO know that you are still using the mark. The first renewal deadline comes much sooner than subsequent renewals and often catches trademark owners without warning. If a trademark is not renewed based on federal guidelines, the USPTO can cancel your trademark.

To renew your trademark, you must continue to use it in commerce and provide evidence of this use to the USPTO. This must be done between 5-6 years after the date that the trademark was officially registered. Another renewal must be filed between 9-10 years after registration. After the first two renewals, the trademark must be renewed every 10 years thereafter. Ultimately, it is the responsibility of the trademark owner to do this correctly and on time.

The renewal process is usually somewhat straightforward, but the USPTO has the right to conduct an audit of the renewal. If an audit is required, then the trademark owner must submit additional evidence that their trademark is being used in commerce with goods or services different from those listed in the initial renewal request.

A trademark renewal or audit can be stressful, especially if the deadline surprises the trademark owner. Harrigan IP can help with renewals as well as audits to ensure your trademark’s future success. We can help with gathering all of the necessary documents, filing the renewal paperwork, and ensuring that the process meets all federal requirements. If you need assistance with your trademark renewal, contact Harrigan IP today.

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