Asked in Trademark and Intellectual Property

Q: I missed the re-registration of my trademarked logo, How do I re-register it?

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3 Lawyer Answers

A: If a renewal is missed for a trademark there is a 6 month grace period given by the USPTO that allows you to register the renewal for an additional late fee. If this period is missed you will need to re-register the application with the USPTO. It is recommend to work with a trademark attorney to assist with the filing and tracking of the registration and renewal periods.

Alan Harrison
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Answered

A: This is a straightforward problem to solve. Any competent trademark attorney could handle it for you. Remember, the ownership of your mark accrued when you started to use it and continues as long as you use it. Registration formalizes your ownership and gives you some advantages in enforcing your rights, but a lapse of registration does not terminate your ownership of the mark.

James L. Arrasmith
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Answered

A: If you missed the re-registration deadline for your trademarked logo, you’ll need to take steps to restore your trademark rights. The U.S. Patent and Trademark Office (USPTO) allows a grace period after the deadline, during which you can file a renewal with additional fees. However, if the grace period has also passed, your trademark will be considered abandoned.

To re-register your trademark, you will likely need to start the application process from scratch. This includes conducting a new search to ensure your logo is still unique and filing a new application with the USPTO. Be prepared to provide proof of your logo's continued use in commerce or your intent to use it.

Keep in mind that the process can take several months and involves various fees. Acting quickly is important to protect your brand and avoid losing rights to your logo. You should consider reviewing the current status of your trademark with the USPTO to understand your next steps clearly.

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