To keep your trademark
from being cancelled, it is necessary to file a Section 8 Declaration
of Use and/or a Section 9 Renewal. The Section 8 Declaration of Use
must filed between the fifth and sixth year of registration. An additional
filing must be made on each 10-year anniversary of registration.
The Section 9 Renewal
must also be made on the 10-year anniversary of registration. Additionally,
if you filed an intent to use application, it is necessary to file a
Statement of Use before your trademark can be registered.
Further, after five
years of continuous use, your trademark may become incontestable. Your
trademark only becomes incontestable if you file a Section 15 Declaration
of Incontestability.
Failure to maintain
your trademark can result in the loss of your trademark or unnecessarily
limiting your rights. If you are not already represented by an attorney,
we are available to assist you with your trademark maintenance. Our
trademark maintenance fee is $250 per filing. This does not include
the following government filing fees:
Section 8 Declaration
of Use - $100 per class
Section 9 Renewal - $400 per class
Section 15 Incontestability - $200 per class
Statement of Use - $100 per class
