W. Va. Code R. § 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.
Notes
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