After Registration: What to File to Maintain Mark
So you’ve made it through the registration process and are now a registered trademark owner. There is still more you can and should do to strengthen your mark and to ensure you do not lose ownership of your mark. The information below will help you understand what is involved in maintaining your mark.
Types of Forms to be Filed After Trademark Registration
Section 8 Declaration of Continued Use
Between the 5th and 6th anniversary of the registration of your mark you must file a § (section) 8 Declaration of Use form with the USPTO. (This Form may also be filed up to 6 months after the 6th anniversary of registration for an additional $100 fee.) After you first submission of a Section 8 Declaration you will have to submit a new Section 8 Declaration every time you file a Section 9 Renewal Application (explained below). The cost of submitting this form is $100. The form requires you submit a new specimen and a statement asserting that the mark is still in use. While this is a simple form to fill out with only a small fee, FAILURE TO SUBMIT THIS FORM ON TIME WILL RESULT IN THE CANCELLATION OF YOUR MARK’S REGISTRATION.
Section 9 Renewal Application
Between the 9th and 10th anniversary of the registration of your mark you must submit a § (section) 9 Renewal Application. (This Form may also be filed up to 6 months after the 10th anniversary of registration for an additional $100 fee.) The cost of submitting this form is $400. You must continue to submit this form every 9 to 10 years after the last renewal. FAILURE TO SUBMIT THIS FORM ON TIME WILL RESULT IN THE CANCELLATION OF YOUR MARK’S REGISTRATION.
Section 15 Declaration of Incontestability
The Section 15 Declaration is an optional form which may be submitted any time after 5 years of continuous use after the mark has been registered. The purpose of filing this Declaration is to make it harder for others to contest your mark in court. Incontestability prevents some claims from being brought against you, but does not bar all claims. The Section 15 Declaration only needs to be filed once for a fee of $200.
Last Modified: September 5th, 2010