To avoid cancellation of a registration, the owner of the registration must file a Section 8 declaration, a specimen of use and pay a fee between the fifth and sixth years after the registration and during the year anniversary of the registration. What is a Section 15 declaration?
A registration may become incontestable if its owner files a Section 15 declaration which certifies that the owner has continuously used the registered mark for five years, that the registered mark is still in commercial use, there is no adverse judgment against its validity, and there is no pending proceeding against it. An incontestable mark is immunized from certain challenges, although it remains subject to others. Section 15 does not apply to marks on the Supplemental Register. Is it possible to renew a trademark registration? Yes. Registrations may be renewed, provided that the mark continues to be used, for additional ten year periods. Under current regulations, an application for renewal may be filed within one year before the expiration of the registration. There is a grace period of six months after the expiration or a registration during which a renewal application may be filed with payment of an additional grace period surcharge. If no renewal application is filed before th
Related Questions
- To avoid cancellation of a registration, the owner of the registration must file a Section 8 declaration, a specimen of use and pay a fee between the fifth and sixth years after the registration and during the year anniversary of the registration. What is a Section 15 declaration?
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