CopyMark Law Group
Trademark Renewals
You’ve probably invested a lot of time and money into getting a trademark registration, so don’t forget to take the actions necessary to protect your valuable asset.
To renew and maintain a U.S. trademark registration, owners must actively use the trademark in commerce and periodically file specific documents with the USPTO. Failing to file these documents by set deadlines will result in the cancellation or expiration of the registration.
Key Filing Deadlines
- Between the 5th and 6th years after registration, file a Declaration of Use (Section 8).
- Between the 9th and 10th years, file both a Declaration of Use and a Renewal Application (Sections 8 and 9).
- Repeat these filings every 10 years.
Documentation Requirements
Each filing must include a signed declaration and a specimen showing current use of the trademark. If audited, additional proof of use may be required.
Declaration of Incontestability
After five years of continuous use, owners may also file a Declaration of Incontestability for additional protection.
Accurate Records
Trademark owners must ensure that their registration reflects only the goods and services still in use. Non-use of any goods or services should be reported through a Section 7 filing to delete those items.
Grace Periods and Fees
A six-month grace period is available after each filing deadline, but late filings incur additional fees. Filing early in the year is recommended to address potential corrections.
Madrid Protocol Registrations
For trademarks registered under the Madrid Protocol, similar maintenance filings are required, but with some specific differences.
Scam Alert!
Please watch for fraudulent communications from private companies claiming to offer renewal services. Please contact us if you receive one of these solicitations. Do not pay any trademark-related fees without first contacting us.