I just poked my way through the USPTO site to renew my trademark.
I only did Section 8.
Then I read on another discussion here about doing a Section 9?
or a Section 15?
TOO?
Can someone translate that into english please?
So I can figure out if I need to go and do those as well.
It’s been 5 years since my initial trademark got approved. And I just paid $225 after doing Section 8.
Thanks
Here is the plain English:
Section 8 on a renewal is for someone who did not use the mark “in commerce”.
Section 9 on a renewal is for someone who DID use the mark “in commerce” (this would be you).
Mod edit: Please see @packetfire correction below.
Section 15 is an extra add-on to obtain “incontestability”, which is a very good thing to point to both in threatening letters to infringers, and in court if someone has to be sued, as it makes it much harder to contest the validity of the trademark.
To explain, every infringer will invariably claim that the copyright or trademark is somehow invalid or was obtained by fraud, as it is an attempt to put the plaintiff on “the defensive”. “Incontestability” creates a presumption that the Court will respect that the specific trademark given section 15 treatment is valid and cannot be challenged. This MOSTLY works.
Thank you.
I will go back and do those.
I may be incorrect, but I was under the impression that the Section 8 is filed every 5 years and Section 9 is filed every 10 years.
There is a combined form, Section 8 & Section 9, for when filing in year 10.
Both forms should be filed in year 10 but Section 8 should be filed every 5 years, or 6 technically but I do not procrastinate.
I believe this information may not be accurate. I have another year before I can file my first Section 8 form, but I believe every trademark holder should file a Section 8 every 5-6 years to retain the mark.
You are correct, I mangled it - section 8 or 9 are filed for EITHER use or non-use.
But I can’t edit the post to correct the misstatement… that’s annoying
@packetfire, I can edit to strike through and then link to this post, if you want.
Danke!
@packetfire please check the edit and let me know if it’s acceptable.
