Trademark Registration Section 7 Cancellation
U.S. Trademark Application Cancelled Under Section 7
CANCELLED - SECTION 7; renewal not filed; trademark registered; trademark registration; your trademark has renewed; trademark renewal; application has matured to registration; how to register a trademark; trademark status; trademark process; trademark renewal; trademark maintenance; abandoned trademark; section 7 abandonment; section 8 cancellation; cancelled trademark; amendment to trademark; trademark amendment; trademark amendment to accepted; trademark cancelled section 7
You owned a fully registered trademark. In order to keep your mark active an affidavit showing continued use of the mark must have been filed between the fifth and sixth after the date of registration and on each 10th anniversary of registration. You did not timely file a Section 8 renewal. You filed a Section 7 request for amendment which was denied.
Your registration has been canceled for failure to file a Section 8 renewal, because you filed a Section 7 request for an amendment that was not approved. There was a six (6) month grace period after the deadline to file your Section 8. You failed to file on time, or within the grace period. Your trademark registration has been abandoned. Unless there is an excusable reason that you successfully petition to the Director, the application is unrevivable, and you should consider re-filing. Your Section 7 request was refused or not timely.
If you have done the proper renewal, you have also ensured that you are continuing to use the mark for all goods or services listed in the registration, or that you properly deleted the goods or services that you are no longer using. Failure to do so may be fraud and make your registration vulnerable to attack.
For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the Section 8 Affidavit within a grace period of six months after the end of the sixth or every tenth year, with payment of an additional fee.
The registrant must also file a Section 9 renewal application (Section 9 Renewal) within the year before the end of each successive 10-year period following the date of registration, or within a grace period of six months thereafter, with payment of an additional fee. Assuming the Section 8 Affidavit and Section 9 Renewal are timely-filed as indicated above, the registration will be renewed for a 10-year term. If the Section 8 Affidavit and Section 9 Renewal are not timely filed, the registration will be cancelled. Registrations cancelled due to the failure to file a Section 8 Affidavit and Section 9 Renewal cannot be revived or reinstated.
The required forms may be filed through the Trademark Electronic Application System (TEAS) (click on "File Forms Online" from the main USPTO Home Page under the Trademark column), and then from within TEAS select the category "REGISTRATION MAINTENANCE/RENEWAL FORMS."
Renewals can be filed with the USPTO here:
A section 7 request can be filed here: http://teas.uspto.gov/s7r
Petitions can be filed here: http://www.uspto.gov/about/offices/patents/pep/office_of_petitions.jsp