Syed Law Offers offer online trademark renewal services so your brand continues without interruption or loss of intellectual property (“IP”).
Trademark Renewal for your 5th to 6th Anniversary (Section 8)
The United States Patent
For trademarks, there are two declaration filing dates and one renewal date.
- The 1st declaration date is between the 5th and 6th anniversary from your original registration date (a Section 8 or optional Sections 8 & 15 filing); and
- A 2nd declaration is needed between the 9th and 10th anniversary, along with a renewal (Section 8 & 9).
- From there, the renewal process repeats every decade (i.e., the 19th and 20th anniversary, 29th and 30th anniversary).
For example, if your trademark registered on June 15, 2022, then the trademark renewal date is between June 15, 2027 and June 15, 2028. You can find that date by searching for your word mark or logo here–just type in the name of your brand. For trademark renewal, you must file with the USPTO a document known as a “Declaration of Use or Excusable Nonuse” (often called a “DOU”) under Section 8 of The Lanham Act.
- Related Blog: How Long Does a Trademark Last?
Trademark renewal requires the owner to:
- declare that they are currently using their registered trademark to sell goods or services “in commerce”;
- provide proof of that use in commerce by attaching appropriate specimens of use; and,
- pay a filing fee of $225 per International Class.
Finally, you have a limited grace period of 6 months after the 6th anniversary if you need additional time. The grace period comes with an additional $100 fee. If you fail to renew your trademark by the end of the grace period, by not timely filing a Section 8 renewal, the USPTO will cancel your trademark.
Optional Incontestability under Section 15
For trademark renewal, you also have the coveted option of filing for something known as “incontestability.” Incontestability under Section 15 of the The Lanham Act means a presumption that you own the trademark exclusively and validly. Additionally, incontestability is used to either stop a trademark infringement suit or to gain the upper hand against infringers in court. Some clients elect to do their trademark renewal with a Section 15 Incontestability filing which streamlines the process. In order to obtain Incontestable status, you must do the the following:
- state that you have been using the mark continuously in commerce for the past five years;
- declare that there is no adverse legal decision on the merits with respect to your ability to use the mark;
- swear that there is no ongoing court proceeding with respect to your registration; and
- pay a filing fee of $200 per International Class.
Trademark Renewal for Your 9th to 10th Year Anniversary
Trademarks officially renew between the 9th and 10th anniversary. However, unlike a 5th to 6th year renewal, you must file a declaration (Section 8), and a renewal (Section 9).
You will need to provide the following:
- a statement under oath that the goods and/or services are used in commerce (Section 8)
- Section 9 renewal form;
- at least one specimen per International Class of goods and/or services; and
- fees in the amount of $525.00 per International Class of goods and/or services (under the grace period up to $725.00 for both Sections 8 and 9 per International Class).
We Can Renew Your Trademark
Failure to renew your mark may lead to penalties or cancellation. Unlike LLCs and domain names, trademarks must be continually used “in commerce.” For that reason, trademark renewal is required as proof of use. Thankfully, Syed provides affordable and professional U.S. trademark renewal services. Just fill out the online form, we will set up a consultation, and then handle your renewal.