Richmond, CA asked in Trademark for California

Q: What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?

I filed Declaration 8&9 at the very end of the 10 year period, which ended in June this year. About 10 days later, after the end of the 10 year period, I received an Office Action saying that the specimen was deficient. I responded to the action on TEAS with the substitute specimens that I had that were in effect during "the relevant period". My question is this: if my response to the Action is not accepted, how long do I have to wait and what steps do I have to take to start a new application for registration, other than just submit the TEAS application? (Followup: the substitute specimens were accepted. Whew! And also promptly improved. I concur with the answer below; get professional advice or at minimum fully research specimen requirements without making assumptions.)

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1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Trademarks Lawyer
  • Dallas, TX

A: You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.

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