Protecting your brand goes beyond just obtaining a trademark registration.
Active maintenance and timely renewal filings are required to preserve your rights.
Key Deadlines and Government Fees:
Section 8 – Affidavit of Use or Excusable Nonuse:
- Deadline: Between the 5th and 6th year after registration.
- Purpose: Prove the mark’s continued use or provide reasons for its nonuse.
- USPTO Fee: $125 per class of goods/services. Service fees may also apply.
Section 15 – Declaration of Incontestability:
- Deadline: Anytime after the 5th year of continuous use after registration.
- Purpose: Elevates protection by marking the registration as “incontestable”. This means third parties cannot cancel your trademark (except in very limited and rare circumstances like fraud).
- USPTO Fee: $200 per class of goods/services. Service fees may also apply.
Section 9 – Renewal Application:
- Deadline: Before the end of every 10-year period after the registration date.
- Purpose: Renew the registration by demonstrating the mark’s ongoing use.
- USPTO Fee: $300 per class of goods/services for TEAS Standard, $225 per class for TEAS Plus. Service fees may also apply.
Section 9 – Renewal Application:
- Stay Alert: Mark upcoming deadlines on your calendar immediately after registration.
- Gather Required Materials: Prepare proofs of use and other necessary documentation ahead of time.
- File Online: Use the USPTO’s Trademark Electronic Application System (TEAS) to ensure prompt, accurate submissions.
Consequences of Neglecting Deadlines:
If you overlook a maintenance deadline, you risk your trademark registration being canceled.
There is a grace period, accompanied by extra fees, for Section 8 and Section 9 filings.
It’s important to act within this window to avoid elevated expenses and potential loss of protection.
Working With Ana Law for Your Trademark Maintenance and Renewals:
- Deadline Management: We diligently track vital dates, sending reminders so no deadline slips through.
- Document Expertise: Our team assists in assembling necessary proofs and meticulously completing paperwork.
- Guided Filing: We adhere to USPTO standard compliance in all submissions and adeptly manage follow-up communications.
Trademark maintenance is an essential, ongoing responsibility in the journey of brand protection.
Contact us for assistance with your trademark maintenance and renewals today.