Trademark Renewal Requirements
Federal trademark registrations do not last forever automatically. The USPTO requires periodic maintenance filings to keep your registration active. Failing to file these documents on time results in cancellation of your registration, and there is no grace period — once cancelled for failure to file a maintenance document, the registration cannot be restored.
Trademark Maintenance Filing Timeline
Section 8 Declaration of Use (Between 5th and 6th Year)
Between the 5th and 6th anniversary of your registration date, you must file a Section 8 Declaration of Continued Use (or Excusable Nonuse) with the USPTO. This filing confirms that you are still using the mark in commerce for the goods and services listed in your registration. The filing fee is $225 per class. A 6-month grace period is available for an additional fee of $100 per class.
Section 8 and Section 9 Combined Filing (Between 9th and 10th Year)
Between the 9th and 10th anniversary of your registration, you must file both a Section 8 Declaration of Use and a Section 9 Renewal Application. The combined filing fees are $525 per class ($225 for Section 8 + $300 for Section 9). This combined filing is then required every 10 years to maintain your registration.
Section 15 Declaration of Incontestability (After 5 Years)
After 5 consecutive years of use following registration, you may file a Section 15 Declaration to make your trademark incontestable. This optional filing provides the strongest level of protection for your mark, limiting the grounds on which your registration can be challenged. We strongly recommend this filing for all eligible marks.
How Much Does Trademark Renewal Cost?
Trademark renewal costs include the USPTO government filing fees plus attorney fees for preparing and filing the maintenance documents. At Blue Ridge Trademark, our trademark renewal services are available for a flat fee. Contact us for current pricing based on your specific filing needs.