What do I need to do to renew my trademark?
To renew your trademark, you must show that you have continuously used it in commerce to identify the related goods or services. To demonstrate use, you need to file three items with the Trademark Office:
- A legally binding affidavit listing the goods or services from your registration that are currently in use.
- A proof of use, also known as a specimen, illustrating how your trademark is displayed on your products or in connection with your services.
- Payment of the government fee(s), which amounts to $225 per class of goods or services (all government fees are included in the fee you pay the attorney assigned to your registration by Brandme).
The first time you file the Section 8 affidavit, it must be done between the fifth and sixth anniversaries of the registration date. However, even if you miss the deadline, you still have a six-month grace period to file with the payment of an additional fee.
Renewing the registration, known as Section 9, is required every ten years. Unlike the Section 8 affidavit, this process incurs a higher fee of $525 per class. The renewal should be filed between the ninth and tenth anniversaries of the registration, and a six-month grace period is also provided.
For subsequent filings after the initial Section 8 affidavit, the renewal and use affidavit deadlines align (10th year, 20th year, 30th year, etc.), and a Combined Section 8/9 Filing is submitted.
Missing the filing deadlines can lead to the cancellation of your registration. To illustrate, consider an example where your trademark registration was issued on November 1, 2022:
Earliest date to file the first Section 8: November 1, 2027
Due date for the first Section 8: November 1, 2028
Last date to file the first Section 8 with additional fee: May 1, 2028
Earliest date to file the first Combined Section 8/9: November 1, 2031
Due date for the first Combined Section 8/9: November 1, 2032
Last date to file the first Combined Section 8/9 with additional fee: May 1, 2032
If you miss the regular deadline, there is still a six-month grace period available, albeit with an additional fee. However, if you fail to meet the grace period deadline, your trademark registration will be canceled. Brandme will send you automated reminders to them email address we have on file.