Other Trademark and Service Mark Filings

Renewal

To renew protection of a mark for an additional ten-year period, file the renewal by completing the following within the six months immediately preceding the expiration of the mark:

  • Application for Trademark/Service Mark (Form TM-1)

  • Attach to the application one specimen showing the mark in use in connection with the goods or services.

  • By signing the renewal application, the applicant is verifying that the mark is still in use.


Amendment

The law makes no provision for amendment of an existing mark. If the mark is graphically redesigned but includes the same words or similar symbols as a currently protected mark owned by the same person, file a new:/p>

Once Secretary of State approves the new mark, you may either:

  • allow the old mark to expire, or
  • cancel it immediately (see Cancellation below).

Assignment

To assign ownership of a mark, the current owner must send to Secretary of State via written letter on the current owner’s letterhead:

  • Notice of assignment with the specifics of the mark,

  • Full name and address of the new owner, and

  • Notice must be signed and notarized in the presence of a notary public.

  • Use the Filing Submission Instructions & Customer Order Request when submitting the above information with the filing fee.

Cancellation

To cancel the registration of a mark at any time prior to expiration, the current owner must send to Secretary of State via written letter on the current owner’s letterhead:



If we may be of any further assistance, please don't hesitate to contact us:  304.558.8000   toll free 866.767.8683  email:   Business@wvsos.gov