Maintaining U.S. Trademark Registrations

As opposed to patents and copyrights, which have limited duration, U.S. Trademark Registrations may last indefinitely as long as you are using your mark in commerce and file the necessary periodic paperwork with the U.S. Patent & Trademark Office (“USPTO”) .

Trademark Term – The USPTO issues trademark registrations for an initial term of ten (10) years. The U.S. Registration may be renewed for additional ten (10) year periods every ten years thereafter, so long as you are using the mark in commerce and file the required Renewal and Declaration of Continuous Use.

Declaration of Continuous Use – The USPTO requires that a Declaration of Continuous Use (“Section 8”) must be filed between the 5th and 6th year after Registration. This Declaration must indicate that the Registrant currently uses the mark on all listed goods and services, submit a specimen of use for each class of goods or services and pay a USPTO filing fee of $100 per Class. Additionally, the USPTO provides for Registrant’s to file a Declaration of Incontestability (“Section 15”) which grants the registration “incontestable” status. Incontestable status provides a shield against third party claims that your registered mark is non-distinctive / descriptive of the listed goods and/or services. The USPTO filing fee for a Section 15 is $200 per Class of goods and/or services.

Trademark Renewal – In order to maintain and renew a USPTO Trademark Registration, a Registrant must file a Declaration of Continuous Use and Renewal (“Section 9”) between the 9th and 10th Year after Registration. This combined Renewal and Declaration must indicate that the Registrant currently uses the mark on all listed goods and services, submit a specimen of use for each class of goods or services and pay a USPTO filing fee of $500 per Class.

Ramifications – Failure to file the Section 8 and Section 9 Declarations will result in cancellation of the USPTO Registration. Please note that the USPTO will not notify you of these requirements and deadlines. It is completely the obligation and responsibility of the Trademark Registrant to maintain their registrations and file the required documents.