What Type of Renewal Do I Need?
5 – 6 Years Since Registration
Required Section 8 or 71 Filing – This is a declaration showing that you are still using your trademark. This USPTO filing is required. Section 8 is for applications initially based on US use, whereas Section 71 is for applications initially based on a foreign registration. Although different numbers it’s the same declaration that you are using the trademark in US commerce. You will have to provide the USPTO with a specimen of your use, which can be a picture of the trademark mark on goods or evidence of advertising of the services.
Optional Section 15 Filing – Adds additional benefits to your trademark and makes it more difficult to challenge. This additional benefit can only be filed between the 5 – 6 years of registration. If not filed during this time frame the opportunity to file it will lapse.
9 – 10 Years Since Registration
Required Section 8 Filing – This is a declaration showing that you are still using your trademark. This USPTO filing is required. You will have to provide the USPTO with a specimen of your use, which can be a picture of the trademark mark on goods or evidence of advertising of the services.
Required Section 9 Filing – This is a request to extend your rights to the trademark an additional 10 years. This USPTO filing is required.
Both 8 and 9 are filed in combination after the 9th year of registration.
Do I need a U.S. Attorney to File My Renewal?
If you are based in a foreign country, yes.
If you are based in the U.S., no. Although you should probably hire an attorney to file anyways.
U.S. trademark regulations requires foreign-domiciled trademark applicants, registrants, to hire a U.S.-licensed attorney to represent them at the USPTO. The regulation took effect as of August 3, 2019. You can see the full regulation on the federal register by clicking here (just add via link on here is fine).
How Much Does it Cost to File My Renewal?
5 – 6 Years Since Registration
Filing Section 8 or 71 – USPTO fee is $225 per class.
Filing Optional Section 15 – USPTO fee is $200 per class.
Our fee is $474 and $99 for any additional classes over the first.
For example, if you have one class you want to renew without the incontestability Section 15 status, it would be $699 total.
9 – 10 Years Since Registration
Filing Section 8 – USPTO fee is $225 per class.
Filing Section 9 – USPTO fee is $300 per class.
Both Required.
Our fee is $474 and $99 for any additional classes over the first.
For example, if you have one class you want to renew without the incontestability Section 15 status, it would be $999 total.
LATE FILING – I missed my deadline.
- For late filings, you will have 6 months from the deadline to save the registration. If after that, you would need to submit a new application.
- 5 – 6 Years Since Registration late fee is $100 per class.
- 9 – 10 Years Since Registration late fee is $200 per class.
Do I Need to Renew All My Classes?
No. If there is a class that you no longer offer you can remove it from renewal to reduce your fees. Also keep in mind you are submitting a declaration confirming you are still using all goods/services listed in the registration. Thus, it is a requirement to prove use and provide a declaration of use for all classes your list in the renewal of the registration.