Keep your trademark alive with regular renewals

Trademark owners are only entitled to federal registration if they use the trademark in commerce. Because of this, the United States Patent and Trademark Office (USPTO) requires trademark owners to periodically prove that a mark is still in continuous use after its initial registration.

You were required to submit a specimen demonstrating your trademark use when it was first registered. To renew your trademark, you must submit a new specimen to prove that you still use it to sell goods or services.

You will have to renew your trademark registration continuously throughout the trademark’s lifespan:

• Between the fifth and sixth year anniversary: File a Declaration of Use and/or Excusable Nonuse under Section 8 of the Trademark Act.

• Between the ninth and tenth year anniversary: File a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 of the Trademark Act.

• Every ten years afterward: File the Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 of the Trademark Act.

If you miss a renewal deadline, there is a six-month grace period in which the USPTO will still accept a renewal application. However, you must submit an additional late filing fee of $200 per class to the USPTO.

If you miss the six-month grace period, your trademark will expire, and the USPTO will cancel your registration. If you still want the benefits of trademark registration, you will have to complete the application process again.

In some cases, you may have originally registered your trademark under multiple classes of goods or services in your initial registration but no longer use the trademark in one of those classes. During your trademark renewal, you can choose to limit your protection to cover only the classes in which you are actively using the trademark.

You can not add new classes of goods or services to your trademark through a renewal application.

You must provide your trademark’s registration number and a specimen showing that your trademark is currently in use. You must also provide your contact information if it has changed.

Your trademark renewal fees depend on the form you’re submitting:

• Section 8 Declaration (5-6 Years): $225 per class
• Section 15 Declaration of Incontestability (5-6 Years): $200 per class
• Combined Section 8 & 15 Declaration (5-6 Years): $425 per class
• Section 9 Declaration (9-10 Years): $300 per class
• Combined Section 8 & 9 Declaration (9-10 Years): $525 per class

Late trademark renewals submitted during the six-month grace period will include additional fees of $200 per class. Our cost for keeping your trademark alive starts at just $299, plus USPTO fees.

If you fail to renew your trademark on time and your registration expires, the USPTO will consider your trademark abandoned. By letting the trademark expire, you lose its legal protection and leave it open for another company to register it.

If you miss the trademark renewal deadline, the USPTO offers a six-month grace period. However, your trademark will expire if you don’t renew in time. You must then complete the trademark application process again to register your trademark.