Please see below for our trademark renewal service package details:
Filing Trademark Renewal Section 8 (5 Year) ($474)*
1. First, check your registration date
To renew trademark registration you first must ensure you are filing at the correct time.
- The first time to renew trademark is during the 5th and 6th year of your registration. This renewal filing is called a Section 8 declaration, whereby, you confirm that your trademark is still in use and submit evidence showing that the trademark is still in use via a valid specimen. For example, if your registration date is March 3, 2014, your first renewal is due between March 3, 2019 and March 3, 2020. Thus, as long as you file between those dates your filing is on time.
- I did not file on time! – Don’t worry, unless it’s more than 6 months after your deadline. If you are within 6 months of your deadline, so in the above example by September 3, 2020, you can still file the renewal on time by paying a penalty fee of $100 per class.
2. Decide if Section 8 filing is right for you
Unless you have a mark on the Supplemental Register, you’ll most likely want to opt for Section 8 and Section 15 filing.
- Section 15 filing provides additional benefits that you will likely want to take advantage of. This is your only time you will be able to submit the Section 15 declaration so choose wisely.
- Those registrations on the Supplemental Register can only submit a Section 8 renewal.
3. This renew trademark registration service covers you for the basic renewal filing
Our law firm will complete the following tasks:
- Confirm your use in commerce to ensure USPTO compliance
- Obtain and submit a valid and acceptable specimen
- Attorney drafted and submitted filing to renew trademark
- You are sent a signature link from us with the USPTO declaration to sign
- Filing of Section 8 declaration
- Notification of approved renewal
- Email with notice of your next due date
Filing Trademark Renewal Section 8 and 15** (5 Year) Service ($474)*
1. Again, check your registration date
To renew trademark registration you need to file at the correct time.
- Section 8 is due between 5th and 6th year of registration.
- Section 15 is also due between the 5th and 6th year of registration, but is optional. The declaration is simply the claim that the mark has been in continuous use in commerce for a period of five years after the date of registration. Filing the Section 15 incontestability status with the USPTO provides benefits and adds protections not otherwise available. It is too many to list, so click on the link to find an entire FAQ dedicated to the question.
- It is highly recommended you obtain incontestable status. It’s a nominal fee to add additional protections.
2. Section 15 benefits
Do you want an “incontestable trademark”? Sounds nice doesn’t it. It’s well worth the $200 the USPTO charges to tack on this additional protection. Here are some of the benefits this status provides:
- The validity of a registered trademark and ownership of that trademark.
- Exclusivity to use the trademark with the goods/services in the registration.
- Prevents certain challenges to your trademark. For further explanation click here.
- No one can challenge based on descriptiveness.
- More difficult to assert no one recognizes your brand as a trademark.
- More difficult for someone to assert they used it first.
3. This renew trademark registration service covers you for the more protective renewal filing
With this service our law firm will complete the following:
- Confirm your use in commerce to ensure USPTO compliance
- Obtain and submit a valid and acceptable specimen
- Attorney drafted and submitted filing to renew trademark
- You are sent a signature link from us with the USPTO declaration to sign
- Filing of Section 8 declaration
- Notification of approved renewal
- Email with notice of your next due date
- File Section 15, incontestability status with the USPTO
Filing Trademark Renewal Section 8 and 9 (10 Year) Service ($474)*
1. Check your registration date
To renew trademark registration you need to file it at the correct time.
- Section 8 is again due between 9th and 10th year of registration.
- Again, Section 8 filing is confirmation of your continued use.
- For example, if your registration date is March 3, 2014, your first 10 year renewal is due between March 3, 2023 and March 3, 2024. Thus, as long as you file between those dates your filing is on time.
- The nice thing about this filing is your next one is not due for another 10 years. Following the above example, once this is filed, the next deadline for your next renewal is March 3, 2034. So you got awhile.
- Section 9 filing is your actual renewal confirmation. This filing ensures that you want to continue the registration of your trademark.
2. Section 8 & 9 are required
While Section 15 is optional, Section 9 is not.
- If you don’t file Section 8 and 9 renewal filing your mark will get cancelled.
3.This renew trademark registration service covers you for the 10 year renewal
Below are Office action response examples of what is covered with this service:
- Confirm your use in commerce to ensure USPTO compliance
- Obtain and submit a valid and acceptable specimen
- Attorney drafted and submitted filing to renew trademark
- You are sent a signature link from us with the USPTO declaration to sign
- Filing of Section 8 declaration
- Filing of Section 9 renewal
- Notification of approved renewal
- Email with notice of your next due date
*USPTO filing fees are not included. USPTO fee for one international class is $225 for § 8 and $200. Any additional international classes for § 8 will incur an additional fee of $299 per class ($99 legal fee and $200 USPTO fee). USPTO fee for one international class is $225 for § 8 and $200 for § 15. Any additional international classes for § 8 and § 15 will incur an additional fee of $524 per class ($99 legal fee and $425 USPTO fee). USPTO fee for one international class is $525 for § 8 and § 9. Any additional international classes for § 8 and § 9 will incur an additional fee of $624 per class ($99 legal fee and $525 USPTO fee).
**A § 15 Declaration is NOT mandatory to retain rights in your trademark. However, it does provide significant benefits.