How long does it take for a mark to be registered?

This is a discussion on How long does it take for a mark to be registered? within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; ... and how long does a trademark registration last? Thanks...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Feb 24th, 2009, 03:24 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default How long does it take for a mark to be registered?

... and how long does a trademark registration last?

Thanks
  Reply With Quote
Old Feb 24th, 2009, 05:40 PM   #2
Moderator
 
sandra's Avatar
 
Join Date: Nov 2006
Posts: 324

Default Re: How long does it take for a mark to be registered?

It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained through the Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at TARR Home Page. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250 if you live in Northern Virginia) to request a status check.

How long does a trademark registration last?

For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee.

The registrant must also file a §9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee.

Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term.

This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.

When did the renewal period change from twenty to ten years?

November 16, 1989. Registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years.
__________________
I'm not a lawyer. The information I gave is based on certain research. Please review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
sandra is offline   Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 282 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Mark Lanier’s Latest Target: Facebook WSJ_law_blog Internet Law 0 Aug 18th, 2009 01:40 PM
Does Mark Sanford Face Legal Trouble? WSJ_law_blog Law News 0 Jun 24th, 2009 05:10 PM
Reports: Mark Dreier Likely to Plead Guilty at 5 p.m. WSJ_law_blog Law News 0 May 11th, 2009 10:20 AM
Observances mark 1-week since Binghamton shootings (AP) Yahoo!_news Crimes and Trials News 1 Apr 10th, 2009 04:11 PM
Victims' families mark anniversary near Chicago (AP) Yahoo!_news Crimes and Trials News 0 Feb 2nd, 2009 07:10 AM


Top crime attorneys


All times are GMT -5. The time now is 10:40 PM.