What is Section 15 declaration of Incontestability?
Declaration of incontestability under §15 A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. This declaration can only be filed for trademarks that are registered on the Principal Register.
Can a trademark be renewed?
Registered trademarks have a limitation period of ten years. If the trademark is not being used for a period of five years then it may be cancelled at the request of another party. The holder of a trademark is at the liberty to renew the trademark indefinitely every ten years.
Can trademark be renewed by paying the renewal fee?
Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee. A delay of more than 6 months can be risky and shall attract extra fees and documentation.
Can trademark be renewed after 15 years?
The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.
Can you challenge an incontestable trademark?
An incontestable mark cannot be challenged based on the grounds that it is descriptive in nature (In Park ‘N Fly v. Dollar Park & Fly, Inc.) Owning an incontestable trademark does not allow the owner the right to register the mark for other goods or services.
What is a Section 9 trademark renewal?
Filing a Section 9 trademark renewal form allows you to renew your trademark and maintain trademark rights. A Section 9 form must be filed within one year following the nine-year anniversary of your trademark registration. After your first renewal, trademark renewals are required every 10 years.
What happens if I don’t renew my trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
How long is trademark valid for?
ten years
How long does trademark protection last? The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders.
Can trademark be renewed by paying the renewal fee for how many years?
10 years
What is Trademark Renewal? A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years.
What is the trademark renewal fee?
$525 per class
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).
How do you know if a trademark is incontestable?
After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.
What is a Section 9 Renewal trademark?
As stated above, a Section 9 is an application to renew the trademark registration. Section 9 of the Trademark Act, 15 U.S.C. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration.
What does a section 15 declaration do for a trademark?
A section 15 Declaration makes the trademark registration “incontestable”. Incontestable status denies adverse litigants the ability to challenge your trademark registration. For example, even a prior unregistered user of the trademark is blocked from canceling your trademark registration when it is deemed incontestable.
When does a trademark become incontestable under Section 15?
Declaration of incontestability under §15 A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. Following the filing of a Section 15 declaration, the trademark becomes incontestable.
What happens after I file trademark Section 8, 9 or 15?
Then you file a renewal every ten years thereafter for as long as you continue to use the mark in commerce. Section 9 filing fees are $300 per class of services or goods covered by the trademark. As such, the combined Section 8 and 9 filing fees are $400 per class. What Happens After I File a Trademark Section 8, 9 or 15?
How much does it cost to renew a trademark?
Also required is a Section 15 Government fee. The amount of the fee is based on the number of classes in the trademark registration. Currently, (as of 02/16/2021) the Section 15 Government fee is $200 (if filed using the Trademark Electronic Application System) or $300 (if filed on paper) per class.
