Maintaining Your Registered Trademark

After spending the time and money to obtain a Certificate of Registration for your trademark, the last thing you want is to let the registration lapse because you forgot to file some paperwork. And, unless you’re represented by an attorney or fastidious about your calendaring, it can be very easy to miss the filing deadlines because they are so far in the future and the PTO does not remind you of them.

Once your trademark has registered, you will have to file Section 8 Declaration between the 5th and 6th year after your registration issued. A Section 8 Declaration lets the PTO know that you are still using the mark. Most likely, you’ll also want to file a Section 15 Declaration, which lets the PTO know that your trademark has been registered for five years and should be deemed incontestable. A Section 15 Declaration is usually filed with the Section 8 Declaration between the 5th and 6th year after registration—though it can be filed anytime after the 5th year. In addition to filing Section 8 and 15 Declarations, you’ll also have to renew your trademark registration every 10 years by filing a Section 9 Declaration, and, at the same time, you’ll have to file another Section 8 Declaration. Failing to file these documents will result in your registration lapsing. We can provide these registration maintenance services for you.