W. Va. Code R. § 153-29-4

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-29-4 - Renewal of Registration

4.1. The registration of a trademark or service mark registered prior to July 1, 1996, expires on June 30, 2001, as provided in W. Va. Code '47-2-6(c), unless renewed before that date.

4.2. The registration of a mark first registered after July 1, 1996, expires ten (10) years following the effective date of registration.

4.3. The Secretary of State may attempt to notify current registrants of an impending registration expiration and provide forms for the application for renewal of a mark, but the registrant is responsible for obtaining the proper form and submitting a complete application for renewal in a timely manner.

4.4. The application shall be submitted on the forms prescribed by the Secretary of State.

4.5. The applicant may submit the application for renewal within the six (6) months immediately before the expiration of the current registration.

4.5.a. The Secretary of State shall return an application for renewal submitted more than six (6) months before the expiration of the registration; except that:

4.5.b. A registrant holding a mark registered before July 1, l996, may apply for renewal under the provisions of the new law at any time before the expiration of the previous registration on June 30, 2001.

4.6. Upon the receipt of a complete application for renewal, including a verified statement that the mark has been and is still in use, and the submission of the required fee as provided in subdivision 7.1.2. of this rule, the Secretary of State shall issue a certificate of registration renewal.

W. Va. Code R. § 153-29-4