Trademark News & Screw-ups Scalebound Trademark Renewed by Microsoft

The headline is misleading. You can only renew a registered trademark. What Microsoft did is they requested and received an extension of time to file the statement of use after Microsoft's trademark application was allowed. In the U.S., a trademark will not get registered until the applicant provides evidence of use to the Trademarks Office. But the applicant may request several extensions of time to file the statement of use, each extension lasting 6 months. During this period, the trademark application is still considered "live" and will prevent anyone else from getting the similar trademarks approved by the Trademarks Office. If the applicant fails to file the statement of use by the time the last extension of time expires, the application will be considered "dead"—and anyone will be free to use or even trademark it, unless the former applicant can prove that they somehow established a common-law right in the name, which is a lot harder than filing the statement of use to satisfy the Trademarks Office. We'll see how this one turns out.

The video below features Andrei Mincov's commentary of this article.

THINKING OF TRADEMARKING YOU BRAND?

DISCOVER MODE

Pick from the topics below or use our search system.

And make sure you subscribe to our YouTube channel for more free educational content.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.