Trademark Maintenance Filings

Trademark
Maintenance Filings

*Fees are subject to change in accordance with our terms of use

Registered trademarks require maintenance filings to specified intervals to avoid abandonment. Those filings are due between years 5-6 after registration, at year 10 after registration, and every 10 years after that.

  • Section 8
  • Section 15
  • Section 9
  • Section 71
  • Statement of Use

To maintain your registration, you must file a Section 8 declaration and specimen of use between years 5-6 after registration and between years 9-10 after registration and each successive 10 year period.

For an extra fee of $100.00 per class, the USPTO permits you to file the declaration within the six-month grace period.

Failure to file a Section 8 Declaration results in cancellation of the registration.

Only available to marks registered on the Principal Register. To claim that a mark is incontestable, you must file a Section 15 declaration once the mark has been in continuous use in commerce for a period of five (5) years after the date of registration, or date of publication under § 12(c), and the mark is still in use in commerce. 

You must also affirm that there has been no final decision adverse to the owner's claim of ownership of the mark for the goods or services listed in the Section 15 Declaration, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.

This declaration can be filed within one (1) year after the expiration of either any five-year period of continuous use following registration, or any five-year period of continuous use after publication under § 12(c).

Section 9 is an application for renewal of your trademark registration. Section 8/9 are filed together between years 9-10 after registration and each successive 10 year period.

Section 71 is a maintenance documents for trademarks registered via an extension of protection under the Madrid Protocol.

To maintain a Madrid Protocol extension of protection,  you must file a Section 71 declaration and specimen of use between years 5-6 after registration and between years 9-10 after registration and each successive 10 year period.

For an extra fee of $100.00 per class, the USPTO permits you to file the declaration within the six-month grace period.

A Section 71 Declaration can be combined with a Section 15 Declaration of Incontestability.

Failure to file a Section 71 Declaration results in cancellation of the extension of protection (i.e., cancellation of the registration).

A statement of use is required for applications filed based on "intent to use" the mark in US commerce. Filing a statement of use involves providing a specimen of use to the USPTO for each class of goods covered by your application. A statement of use also requires that you sign a declaration attesting to your use of the mark in commerce for all of the goods/services covered by the statement. 

Section 8/15 Combined

$ 499 (1 class)
Plus government filing fees
  • Section 8 Declaration of Continued Use
  • Section 15 Declaration of Incontestability
  • Legal fee +$100 for each additional Class

Section 8

$ 499 (1 class)
Plus government filing fees
  • Section 8 Declaration of Continued Use
  • Legal fee +$100 for each additional Class

Section 71/15 Combined

$ 499 (1 class)
Plus government filing fees
  • Section 71 Declaration of Continued Use
  • Section 15 Declaration of Incontestability
  • Legal fee +$100 for each additional Class

Section 71

$ 499 (1 class)
Plus government filing fees
  • Section 71 Declaration of Continued Use
  • Legal fee +$100 for each additional Class

Statement of Use &
Extension of Time to File Statement of Use

Statement of Use

$ 499 Plus government filing fees
  • Preparation and filing of statement of use in 1-class
  • + $100 for each additional class
  • Needed for applications filed based on your "intent to use" a mark

Extension of Time to File
Statement of Use

$ 399 Plus government filing fees
  • Preparation and filing of extension of time to file a statement of use in 1-class
  • + $50 for each additional class
  • For applications filed based on your "intent to use" a mark
  • When you need additional time to file a statement of use

Lookup Next Maintenance Deadline

The USPTO lists the next maintenance deadline for issued registrations. To lookup the next maintenance deadline for your registration, click HERE.

Once your registration loads on the USPTO website, click the Maintenance tab for a summary of upcoming deadlines:

Screenshot of PTO Maintenance Screen for Trademarks