If you have a trademark registration, you must file certain maintenance documents to keep the registration alive. Failure to file these documents will result in cancellation of your registration, so mark your calendar!
Section 8 Declaration of Use
Between the 5th and 6th years after the registration date, you must file a Declaration of Use. You are making a statement that the trademark is either in use or not in use but that this nonuse is excused.
The current filing fees are $125 (if filing online) or $225 (if filing by paper)
You must file a Declaration of Use between the 9th and 10th years after the registration date and every 9th and 10th year period thereafter as well, but because these dates coincide with Section 9 Application for Renewal (explained below), you must file these subsequent declarations with your Application for Renewal.
Section 9 Application for Renewal
Between the 9th and 10th years after the registration date, and every 9th and 10th year period thereafter, you must file an Application for Renewal. An Application for Renewal must be filed with your Declaration of Use. For convenience, however, the United States Patent and Trademark Office (“USPTO”) has combined the Declaration of Use with the Renewal Application.
The current filing fees are $425 (if filing online) or $725 (if filing by paper).
The USPTO will accept these maintenance documents for up to 6 months after the due date. Late filings, however, incur an additional fee.
Section 8: additional $100 (if filing online) or $200 (if filing by paper)
Section 8 and 9 combined: additional $100 (if filing online) or $200 (if filing by paper)
Example of filing deadlines
|Registration Date||Section 8||Section 8 and 9 Combined||Section 8 and 9 Combined|
|1/1/18||1/1/23 – 1/1/24 1/2/24 – 7/1/24 (grace period)||1/1/27 – 1/1/28 1/2/28 – 7/1/28 (grace period)||1/1/37 – 1/1/38 (and so on) 1/2/38 – 7/1/38 (grace period)|
For more information, visit the USPTO website at https://www.uspto.gov.
Legal Disclaimer: The information in this article is provided for general informational and educational purposes only. It is not intended to be legal advice and does not create an attorney-client relationship.