What proof of use do I need for a renewal?
When claiming continued use, you generally need a specimen showing current use of the registered trademark for the goods or services covered by each class being maintained. Examples can include labels or tags for goods and advertisements or webpages offering services, depending on the circumstances.
The most common specimen mistake is providing an image that shows the logo but does not show real commercial use. The USPTO generally wants to see the mark as customers actually encounter it in connection with the listed goods or services.
Trademark maintenance deadlines are measured from the federal registration date, not the original application filing date. Owners should keep their contact information current and monitor the USPTO record so important deadlines are not missed.
Federal can remain active indefinitely, but only if the owner continues to meet legal requirements. Unlike a patent with a fixed term, a trademark registration must be maintained through continued qualifying use and periodic filings with the USPTO.
For most U.S. registrations, a Section 8 declaration is due between the fifth and sixth anniversaries of registration. A combined Section 8 and Section 9 filing is generally due between the ninth and tenth anniversaries and every 10 years thereafter. A six-month grace period is generally available after these deadlines with additional fees.
A specimen is evidence showing how the trademark is actually presented to customers in commerce for the goods or services listed in the application.