Clean up trademark in HWP

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Aug 6th, 2022
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How to clean up trademark in HWP

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hey there Jim Hart back at you here with another quick tip episode today from the heart Law Firm Iamp;#39;m a trademark lawyer and yes I am sporting the dog pound sweatshirt today because it is cold here in Portugal and we donamp;#39;t have heat so uh if you donamp;#39;t like it I guess you can turn the video off todayamp;#39;s quick tip is how much does it cost to actually file a trademark application this is something that gets a lot of my clients very confused and the reason for that is you do have to pay a filing fee but thereamp;#39;s different filing fees depending on how you file your application but for most people letamp;#39;s just assume the filing fee is 350 in addition you have to pay a filing fee for each class of goods and services that you were selling in so if youamp;#39;re selling in one class thatamp;#39;s one filing fee if youamp;#39;re selling in five classes thatamp;#39;s five filing fees so itamp;#39;s always important when youamp;#39;re looking at fil

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Specifically, applicants have the opportunity to submit a petition with the USPTO to revive the trademark application within two months of the issuance of the Notice of Abandonment; or, two months after the date of actual knowledge of the abandonment but no later than six months from the date the trademark electronic
Petitions for cancellation of a trademark registration are governed by 15 U.S.C. Section 1064. There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud.
Inability to Enforce Rights: An expired trademark typically means the owner loses the ability to enforce their trademark rights against others using a confusingly similar mark. This situation allows other businesses to use the same or similar mark without facing trademark infringement claims.
The term of protection for registered trademarks is 10 years, though indefinite protection can be achieved if the mark is renewed every decade. Lateness in filing this renewal can cause many complications for the owner, ranging from increased fees to losing protection of the mark altogether.
If you dont submit your maintenance documents and fees by the deadline, your registration will expire or be canceled. If that happens, youll need to start the application process over to have nationwide protection for your trademark.
Trademark abandonment, in general terms, occurs when a mark owner discontinues use of the mark with no intent to resume use. Nonuse for a period of three years creates a presumption of abandonment. Abandonment also occurs when the mark owner takes action that causes the mark to become generic.
Is there a trademark renewal grace period? If you miss a trademark registration maintenance deadline, there is good news. You have a 6-month trademark registration grace period. Unlike patents, a federal trademark registration can last indefinitely as long as the owner diligently maintains the registration.
In the United States, a trademark can last forever, so long as it is used in commerce and renewed on time every ten years. To renew a registered trademark, the owner must file the maintenance documents with the United States Patent Trademark Office (USPTO) and meet certain legal requirements.

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