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Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.
Should an application fall into an abandoned status at any time during the registration process, a petition fee of $150 is required to revive and resume prosecution of the application.
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 ...
Although the entire trademark registration process may take more than a year to complete, you attain trademark protection from the moment your application is filed. Assuming you are eventually granted a federal trademark registration, your rights will be retroactive to the initial filing date.
This fact causes many people to choose to use their trademarks before they register them. In this particular scenario, you can register an already existing trademark. The United States Patent Office has a specific registration form exactly for this purpose.
Trademarks can last forever so long as they are put to use and renewed on time. A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms.
You must file a Declaration of Use or Excusable Nonuse of the mark after 5 years to keep it. During the ninth year, you must file an Application To Renew the mark. After that, you need only to file a Renewal every ten years to keep your trademark protection so long as you continue to use the mark in commerce.
How Do I Amend a Trademark Registration? If your trademark registration is not the subject of a cancellation proceeding, then you can amend your trademark registration by filing a Section 7 Request for Amendment with the USPTO. The Section 7 is an online form that is available on the USPTO's website.