Trademark Renewal Lawyers

Our trademark attorneys can help you renew your trademarks. After your mark registers, to keep the registration “alive” or valid, you must file specific documents and pay fees at regular intervals. The deadlines for filing these documents are calculated from the registration date shown on the registration certificate. Failure to file these documents will result in the cancellation and/or expiration of your registration.

A Section 8 Declaration of Use or Excusable Nonuse must be filed between the 5th and 6th year after your registration. The declaration requires a fee. You may also file the declaration within a 6-month grace period after the expiration of the 6th year with the payment of an additional fee. If you fail to file the declaration, the failure will result in the cancellation of your registration. Your Section 8 declaration may be combined with an optional Section 15 declaration of incontestability. A Section 15 declaration may only be filed for a mark on the Principal Register that has been in continuous use in commerce for a period of 5 years after the date of the registration and there is no adverse decision(s) or pending proceeding(s) involving rights in the mark. “Incontestability” enhances the legal presumptions the registration receives. This declaration requires a fee.

You must file, between the 9th and 10th year after the registration date of your mark and every 10 years thereafter, a Combined Declaration of Use or Excusable Nonuse and Application for Renewal under Sections 8 and 9. This filing requires a fee. The filing may also be made within a 6-month grace period after the 10th year with the payment of an additional fee. Failure to file this declaration will result in the cancellation and/or expiration of your trademark registration.

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