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After Trademark Registration
Even after you have successfully obtained a registered trademark,
the Trademark Office is not quite done. After registration of a
mark, between the 5th and 6th year of registration, the Trademark
Office requires the owner of the mark to file evidence of continued
use. As part of this evidence, the owner must file with the
Trademark Office, documents commonly known as "Section 8 & 15
Affidavits." The "Section 8" Affidavit basically states that the
mark is still being used in connection with the goods, and that the
mark has been used continuously since the registration date. The
"Section 15" Affidavit makes the owner's right to use the mark
"incontestable." It is also a requirement to file a sample specimen
with the Affidavit. Stoneman Volk Patent Group can prepare and file
these documents for you and will quote our fee upon request.
Submission of the Section 8 & 15 Affidavits and specimen is the
responsibility of the Trademark owner, not Stoneman Volk Patent
Group. However, as a courtesy to our clients, a notice is sent to
the owner by our office as a reminder of the approaching filing
deadline. Therefore, it is very important that your current contact
information be kept up-to-date with our office.
After submitting the "Section 8 & 15 Affidavits" to the Trademark
Office, there is nothing remaining to be completed. The registration
will continue its term to fruition, i.e., ten years from the
registration date. After completion of the ten-year term, if the
owner wishes, he may apply for a renewal of the registration, for an
additional ten-year term. Again, our firm can prepare and file these
documents for you and will quote our fee upon request.
Once again, renewal of the mark registration is the responsibility
of the Trademark owner, not our firm. As with the Affidavit filing
deadline, our firm, as a courtesy, sends a notice as a reminder of
renewal to the owner.
Remember, once the certificate of registration is obtained, the
owner of a registered mark should always use the mark as registered
and in combination with ®, an uppercase "R" enclosed within a
circle.
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