Trademark enrollment plays a vital role in safeguarding the identification and securing and honesty of a company. You may file a Combined Affirmation of Usage & Incontestability under Sections 71 & 15 only if you have constantly utilized a mark registered on the Principal (not Supplemental) Register in commerce for five (5) successive years after the date of registration.
You should file a Section 71 affirmation, sampling, and cost on a date that falls on or between the fifth (5th) and 6th (sixth)-year anniversaries of the date on which the USPTO issued the certificate of extension of protection (or, for an added fee of $100.00 per class, you may file within the six-month grace period complying with the sixth (sixth)-year anniversary day).
Obtain fundamental info prior to submitting to prevent blunders that cost you time, cash, and possibly your lawful rights. When your international application was refuted accreditation, all of the international charges you paid to the USPTO in connection with the application were reimbursed.
Note concerning incontestability: Area 15 Affirmations for enrollments issued under area 69, 15 U.S.C. area 1141i, might only be filed in accordance with the specific time requirements laid out in area 73. 15 U.S.C. section 1141m. Use this kind only if (1) you are submitting a feedback to a notification of irregularity in an international application provided by WIPO; and (2) the International Bureau response due date has actually not ended.
Failure to file the needed Section 71 will certainly result in cancellation of the registration and invalidation of the extension of the international enrollment to the USA. Eastern Time controls for functions of figuring out whether your TEAS filing was prompt submitted. You will need to develop a account with two-step verification and validate your identification before you can log in how to register your brand for free access the types.