Missing Deadlines

The penalty for missing a deadline can be harsh - and sometimes fatal to a client’s rights.

In a recent TTAB decision, The Men's Wearhouse, LLC v. WKND NYC LLC, the panel determined that the trademark holder had failed to file a Section 8 declaration (this is a declaration of continued use of a mark after registration) AND missed the grace period deadline as well, because the holder’s new law firm missed a deadline.

The interesting thing about this case is that the cancellation for failure to file a Section 8 declaration is effectively retroactive. That is, even though a holder has until X date plus 6 months to file a document, once they reach X + 6 months, the cancellation is effective on date X. Not date X+6.

Make sense?

Talk to your trademark attorney about it.

This is Cancellation No. 92081842.