How do I renew my trademark registration?
Renewing a trademark registration in Massachusetts is a straightforward process. To renew, the holder of the trademark must submit a "Declaration of Continued Use and/or Excusable Nonuse" form to the United States Patent and Trademark Office (USPTO) within the 6-month window prior to the expiration date of the trademark registration. The form should include a sworn statement by the trademark holder that the trademark is still in use in commerce, or is still in use but has been excused from use due to special conditions. The form should also include information about the goods and services associated with the trademark. If the application is accepted, the trademark registration will be renewed for another 10-year period. The renewal process is meant to ensure that trademark holders continue to use the trademarks in commerce as intended. This is important since a trademark’s value is derived from its ability to distinguish a product or service from its competitors. If a trademark is not regularly used, it may become “genericized” and no longer be eligible for trademark protection. The USPTO will review the renewal application for accuracy and requires trademark holders to provide additional evidence of use, such as a specimen of the trademark in use or a statement of use if the original application was based on an intent-to-use basis. By renewing their trademark registrations, trademark holders can maintain their rights in the trademark and ensure its continued protection and exclusive use.
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