Clean up trademark in NEIS

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

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I want to share the latest information from the USPTO about the delays in processing trademark filings you can see this page here published by the USPTO on their website and as of March 2023 initial applications are taking on average eight and a half months before they get reviewed by an examining attorney and weamp;#39;re actually seeing the vast majority take more like nine and a half months another data point here that is very important is that renewal filings uh are taking some of them up to half a year to get reviewed by the U.S patent and trademark office and this is Way Way Beyond the target date that they have sent I note also that while the USPTO is just barely meeting its Targets on applications they have extended those targets numerous times over the last two years

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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.
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.
To maintain a trademark, trademark renewal documents must be filed with the USPTO between the 5th and 6th year after registration, and then every 10 years after registration. So a trademark will only last 6 years unless it is renewed.
A: Trademark clearance is the process where you submit your desired trademark to the USPTO to determine if anything similar is already in use. If your trademark is too similar or the exact same as something that already exists, you can then make changes to ensure you arent copying another companys assets.
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.
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.
While ZenBusiness doesnt handle trademark filings, its services such as registered agent service and annual report filing can free up your time to focus on the trademark process. Or if youre just starting out, we can help form your LLC for $0.
A trademark can (theoretically) last forever, as long as the mark continues to be used in conjunction with the sale of a good/service in interstate commerce. But if a trademark holder no longer uses the trademark, or fails to enforce his/her trademark rights, he may lose his trademark rights.

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