Hartford, CT asked in Trademark for Connecticut

Q: Canceled section 8 (6 yr) means what for a trademark?

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1 Lawyer Answer
Barbara Berschler
Barbara Berschler
  • Trademarks Lawyer
  • Rockville, MD

A: In order to keep a USPTO trademark registration alive, periodically you must make filings. From what you report, it appears that the 6 year deadline passed to submit proof of continued use by the 6th year after registration. However, the USPTO gives a 6 month grace period to correct the omission. They are strict with the 6 month grace period, so if this is a possibility, you want to act promptly. Unless you can take advantage of this exception, the cancellation may be permanent, except under some very limited circumstances. Such would require filing a petition with the Director of the USPTO. Best to consult with local trademark counsel to see if you are eligible to take any of these corrective actions.

Evelyn Suero agrees with this answer

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