Kansas Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing

State:
Multi-State
Control #:
US-9-03-STP
Format:
Word; 
Rich Text
Instant download

Description

This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.

How to fill out Notice To Cease Use Of Trademark / Servicemark In Directory Advertising And Listing?

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FAQ

A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.

Every ten years you must submit a combined declaration of use and/or excusable nonuse and application for renewal under Sections 8 and 9 combined filing. The USPTO forms combine the Section 8 declaration with the Section 9 renewal application.

A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State's office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.

Those symbols put people on notice that you claim rights in the mark, although common law doesn't give you all the rights and benefits of federal registration. You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending.

If your trademark has fallen into 'dead' or 'abandoned' status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.

A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.

The renewal form, TSR, is available at sos.ks.gov and should be submitted to the secretary of state's office during the last 6 months of the 5-year registration period. A mark must still be in use at the time of the renewal. The renewal filing fee is $40.

Prepare the Cancellation Petition: Work with your attorney to draft a formal petition for cancellation. The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled.

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Kansas Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing