T.M.E.P. § 1606.01
Which Registrations Must be Renewed Under ¤9

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1606.01 Which Registrations Must be Renewed Under §9

1606.01(a) Registrations Based on Applications Under §1 or §44 Must Be Renewed Under §9

Section 9 of the Trademark Act, 15 U.S.C. 1059, requires that registrations resulting from applications based on §1 or §44 of the Trademark Act be renewed periodically. See TMEP §§1606.02 et seq. for information about the requirements for renewal under §9.

1606.01(b) Section 9 Does Not Apply to Extensions of Protection of International Registrations to the United States

Section 9 of the Trademark Act does not apply to registered extensions of protection of international registrations to the United States. Renewal of international registrations must be made at the IB, in accordance with Article 7 of the Madrid Protocol. 37 C.F.R. 7.41(a). See TMEP §1614 for further information about renewal of international registrations.

1606.01(c) Renewal of Registrations Issued Under Prior U.S. Trademark Acts Must Be Renewed Under §9

An application for renewal of a registration issued under a prior Act, where required, must meet all the requirements of 15 U.S.C. 1059 and 37 C.F.R. 2.183. See TMEP §1602.02 regarding the renewal of registrations issued under the Acts of 1881 and 1905, and TMEP §1602.03 regarding the renewal of registrations issued under the Act of 1920.