Can You Amend a Trademark Registration?

amend a trademark registration

You can amend a trademark registration issued by the United States Patent and Trademark Office (USPTO) under some fairly limited circumstances.  All requests for amendment must be “for good cause,” which essentially means you need to have a legitimate reason for the amendment.  In addition, a request to amend a trademark registration must be accompanied by the required government filing fee and be supported with the declaration language found in 37 C.F.R. § 2.20.

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What is the Section 8 and 9 Renewal for a Trademark?

section 8 and 9 renewal

The Section 8 and 9 Renewal is a combined document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining and renewing a trademark registration.  The Section 8 and 9 Renewal is only applicable to trademarks that are registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration).  If your trademark is registered with the USPTO under Section 66(a) (extension of protection through the Madrid Protocol), then you would instead (1) file a Section 71 Declaration of Use with the USPTO, and (2) renew your international registration directly with the World Intellectual Property Organization (WIPO).

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What is the Section 71 Declaration of Use?

Section 71 Declaration of Use

The Section 71 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a registered extension of protection in the United States under the Madrid Protocol.  The Section 71 only applies to trademarks that are registered with the USPTO through the Madrid Protocol.  If your trademark is registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration), then you are required to file the Section 8 Declaration of Use rather than the Section 71 Declaration of Use.

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What is the Section 8 Declaration of Use for a Registered Trademark?

Section 8 Declaration of Use

The Section 8 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a trademark registration.  The Section 8 only applies to trademarks that are registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration).  If your trademark is registered with the USPTO under Section 66(a) (extension of protection through the Madrid Protocol), then you would need to file the Section 71 Declaration of Use rather than the Section 8 Declaration of Use.

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