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J.J. Lee, Trademark Attorney

📑Do You Know How to Renew Your Trademark Registration?

Published about 1 month ago • 1 min read

December 9, 2024

Hello Reader,

You asked a great question: "How do I renew my trademark registration?" Here's what you need to know to keep your trademark active and protected:

  1. Key Deadlines:
    • Between the 5th and 6th year after your registration date, you must file a Section 8 Declaration of Continued Use. This confirms that you’re still using your trademark in commerce.
    • Optional Section 15: At the same time, you can file a Section 15 Declaration of Incontestability, which strengthens your trademark rights and makes it harder for others to challenge your mark. This option is available if your trademark has been in continuous use for five consecutive years.
    • Between the 9th and 10th year, you’ll need to file both a Section 8 Declaration and a Section 9 Application for Renewal. After that, renewals are required every 10 years.
  2. Required Documents: You’ll need to submit proof that your trademark is still being used in commerce. This could include product packaging, website screenshots, or marketing materials showing your mark in use for the goods or services covered by your registration.
  3. Filing Fees: There are government fees for each filing, which vary depending on how many classes your trademark covers. It’s important to make sure everything is submitted on time to avoid extra fees.
  4. USPTO Audits: The USPTO has become stricter and is conducting random audits to ensure that trademarks are still in use for all goods and services listed in the registration. If selected for an audit, you’ll be required to submit additional evidence of use. Failing to comply with an audit could result in your trademark being partially or fully canceled and penalty fees.
  5. Missing Deadlines: If you miss a renewal deadline, you’ll have a 6-month grace period to submit your filings with additional fees. However, missing both the deadline and the grace period could lead to cancellation of your registration, forcing you to re-file and possibly lose your priority rights.

Renewing your trademark is an important step in protecting your brand, especially with the USPTO’s stricter policies and increased audits. If you’d like help with your renewal or have any other questions, feel free to reach out!

Keep Your Brand Safe and Protected,​
​

J.J. Lee and the Trademark Lawyer Law Firm Team!

PS. Contact us to mark sure your business is protected!

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J.J. Lee, Trademark Attorney

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