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Filing Trademark Renewal § 8 or 71
(5 Year)
of Trademark Registration
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Confirms Use in Commerce
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We Assist You in Selecting a Compliant Specimen
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Trademark Renewal Attorney Drafted and Filed Declaration
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USPTO fee for one class of goods/services included
*USPTO filing fee of $225 for one international class is included. Any additional international classes will incur an additional fee of $424 per class ($199 legal fee and $225 USPTO fee).
Filing Trademark Renewal § 8 or 71 and § 15 (5 Year)
of Trademark Registration
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§ 8 Confirms Use in Commerce
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§ 15 Conveys Additional Benefits, making it more difficult to cancel your registered trademark**
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Trademark Renewal Attorney Assistance in Selecting a Compliant Specimen
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USPTO fee for one class of goods/services included
*USPTO filing fee of $425 for one international class is included ($225 for § 8 or 71 and $200 for § 15). Any additional international classes will incur an additional fee of $624 per class ($199 legal fee and $425 USPTO fee).
**A § 15 Declaration is NOT mandatory to retain rights in your trademark. However, it does provide significant benefits.
Filing Trademark Renewal § 8 or 71 and § 9 (10 Year)
of Trademark Registration
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§ 8 Confirms Use in Commerce
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§ 9 Renews Trademark for 10 yrs.
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Trademark Renewal Attorney Assistance in Selecting a Compliant Specimen
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Both the Declaration and Trademark Renewal will be Attorney Drafted & Filed
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USPTO fee for one class of goods/services included
*USPTO filing fee of $525 for one international class not included ($225 for § 8 or 71 and $300 for § 9). Any additional international classes will incur an additional fee of $724 per class ($199 legal fee and $525 USPTO fee).
Our U.S. trademark renewal service
We want to make the trademark renewal process as seamless as possible. That’s why we offer online trademark renewal options at low flat fees. Here, your trademark renewal is submitted by a U.S. licensed trademark renewal attorney.
Our trademark renewal service process includes:
- You choose one of our renewal services above
- You sign up using our online form
- We confirm our representation and are appointed your attorney for your trademark Office file
- We obtain the proper files from you to submit to the trademark Office
- The attorney files your trademark renewal on your behalf, after your review and signature
- Once approved, your mark is renewed for either 5 or 10 years
Trademark Registration Renewal Deadlines
The US Trademark Office assigns deadlines to file proper renewal documents. Make sure you abide to the following rules:
- You need to file at least a section 8 declaration – stating you are still using your trademark between the 5th and 6th year of registration.
- You can file a section 15 declaration of incontestability between the 5th and 6th years of registration to prevent others from challenging your trademark on a number of issues:
- Incontestability Status Benefits (section 15): If filed, they can’t challenge your mark based on (1) it not being distinctive or lacks secondary meaning; (2) confusingly similar to a trademark that someone else used prior to the owner’s registration; and (3) simply functional (like the shape of a Coca-cola bottle is shaped like that because it’s easier to hold).
- You need to file a section 8 and 9 renewal between the 9th and 10th year of registration.
Which Trademark Renewal Service?
If you are between your 5th and 6th year of U.S. trademark registration, you have two options:
- File a Section 8 declaration (this is just a confirmation along with proof that you are still using your trademark).
- File a Section 8 declaration and Section 15 declaration for incontestability status. To learn more about the additional benefits you receive with a Section 15 claim click here.
If you are between your 9th and 10th year of U.S. trademark registration, you will need to file the Section 8 declaration (confirmation along with proof that you are still using your trademark) and the Section 9 renewal request.
- Although, the nice thing about filing your 10 year renewal is it is not due again for another 10 years.
Do I need a Trademark Attorney to file a Renewal?
If in the U.S., No. Although, you will probably want to.
If not domiciled in the U.S., yes. "Foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings, including Canadian trademark filers, must appoint and be represented before the United States Patent and Trademark Office (USPTO) by an attorney who is licensed to practice law in the United States."
To ensure you correctly file your renewal it is highly recommended by the USPTO that you use an attorney. In addition, our firm ensures the proper documents are filed for a successful renewal. Further, we can advise you on the appropriate trademark renewal to file. If filing your 5 year renewal we will go over each of the two options, and let you select what works best for your situation.