Maimai reminds sellers on Amazon that failure to swear your U.S. trademark on time will result in permanent invalidation of the trademark!
A U.S. trademark is valid for 10 years, but a trademark oath is required in the 5th to 6th year after the U.S. standard is registered, and failure to file the trademark oath within the time specified by the USPTO will result in the invalidation of your U.S. trademark.
Here are a few things sellers need to know about U.S. trademark swearing.
There are two types of oaths used by the American Standard
Select 1: (Required).Submit a signed statement of use + proof of use, and the official fee is 225 US dollars.
Option 2: (optional) Submit a signed declaration of use + evidence of use + incontestable oath, with a total official fee of 425 US dollars.
At present, most trademark holders take the first way to take the oath in the U.S. trademark oath stage, if you need to submit an "incontestable oath declaration" at the oath stage, please contact your dedicated account manager or **customer service assistance.
Note: Uncontestable Claims Benefits:
1.The trademark will be given more protection, and no one can revoke the trademark for reasons such as lack of distinctiveness or prior use.
2.Depending on the oath method, the cost of option 2 is relatively high.
Mai Mai reminds: 1Before purchasing the trademark oath service, please check the number of American Standard classes you have. You can use the toolbox's free American Standard sworn lookup feature to enter your American Standard registration number to find out the full term of your trademark and the number of trademark classes for free.
2.After the above official fees are reviewed by us, the system will automatically convert them into ** RMB according to the real-time exchange rate and foreign exchange fee.
part.1 American Standard Oath Procedure
According to Section 8 of the U.S. Trademark Act, the registrant is required to submit proof of use within 5-6 years from the date of publication of the trademark registration to the expiration of 10 years to maintain the validity of the trademark. If the application is not filed within this period, a grace period of 6 months will be granted, and if the application is not filed after the expiration of the grace period, the USPTO will cancel the trademark registration.
part.2 American Standard oath information
1.sworn trademark information;
2.Evidence of trademark use (e.g., actual product shots, sales links, order screenshots, etc.);
3.Sign the sworn declaration agreement(Courtesy of lawyer).
part.3 How to check whether a trademark needs to be sworn or not?
1. Enter the official website of Medtoon - Free Tool - American Oath Query
2. Jump to the merchant side of Maidto, enter the registration number, and click Query.
The date on it can be clearly viewed, and the oath must be taken before this date;
3. Take the trademark oath on the merchant side of Maidtong, and check the progress of the oath at the same time.
MAK MAK Reminder: To ensure that your U.S. trademark is continuously and legally protected, a trademark oath is necessary for the 5-6 year after registration. If you miss the oath deadline, the trademark registration will be invalidated! Therefore, during the U.S. Standard registration process, sellers need to monitor the status of U.S. trademarks and the deadline for trademark actions!
If it is a American Standard registered during 2018-2019, there is still a trademark oath period in 2024. The first huge discount for the newcomer of Medto's trademark registration in the United States is in progress, and it will be submitted for review by a team of professional local lawyers. If you need to swear an oath on your trademark, please consult Maidto.