Post Registration Issues

Post Registration Issues

---

What are the process steps and time frames for maintaining trademark registrations? ^[1]Some of the material for this section is taken from the USPTO, “Post-Registration FAQs,” available at https://www.uspto.gov/trademarks-maintaining-trademark-registration/post-registration-faqs. … Continue reading

View the Post Registration Timeline for all Registrations except Madrid Protocol-Based Registrations for an overview of the process steps and time frames for maintaining a trademark registration. After a registration issues, to keep the registration “alive” or valid, the registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your registration.

View the Post-Registration Timeline for Madrid Protocol-Based Registration for an overview of the process steps and time frames for maintaining a Madrid Protocol-based registration. After protection is granted to the international registration and a U.S. registration issues, to keep protection in the U.S., the U.S. registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your U.S. registration and the invalidation of protection of the international registration by the USPTO.

What are the maintenance documents that must be filed to keep a registration alive?

View the “Post-Registration Issue” video for an overview of the most important issues you should be aware of after your application has matured into a registration. The video explains the required maintenance documents that you must file to keep your registration alive, as well as discusses an optional filing to enhance the legal strength of your registration. Failure to file the required maintenance documents discussed in this video can result in the cancellation of your registration.

Is there a fee for filing an application for renewal?

Yes.  The current fee for filing a §9 Renewal is $300 (if filed using the Trademark Electronic Application System (TEAS)) or $500 (if filed on paper) per class of goods/services. The filing fee for a Combined Section 8 Declaration and Section 9 Renewal Application is $425 (if filed using TEAS) or $725 (if filed on paper) per class of goods/services. There is an additional surcharge of $100 (if filed using TEAS) or $200 (if filed on paper) per class for filing a Section 9 Renewal Application within the 6-month grace period, or $200 (if filed using TEAS) or $400 (if filed on paper) per class for filing a Combined Section 8 Declaration and Section 9 Renewal Application during the grace period.

Does my registration ever expire?

Yes.  Subject to the filing of §8 Declarations and §9 Applications for Renewal, federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods.