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.
TrademarkAuthority is a service exclusively licensed to Pearl Cohen Zedek Latzer Baratz LLP ("Pearl Cohen"), an intellectual property law firm located in New York, NY, that provides personal and expert trademark and copyright legal services covering the U.S., Europe, Canada, Australia, Mexico, Japan, China and many other countries throughout the world. This Web site may be considered Attorney Advertising. The information provided on this site is not legal advice, but general information on legal issues relating to trademark searching and registration. Prior results do not guarantee a similar outcome.
TrademarkAuthority was founded by an expert trademark attorney and former U.S. Trademark Office Examining Attorney who has over twenty-two years experience representing clients on a variety of trademark and copyright law issues. Our legal services include trademark searching, filing trademark applications, responding to USPTO Office Actions, filing Statements of Use, representing clients before the U.S. Trademark Office, Federal and State courts, maintaining trademark registrations, monitoring, policing and enforcing trademark rights and filing copyright registrations.