Trademark “Statement of Use” Application
If the original application was filed as an “Intent to Use” application, the mark cannot be registered until proof of usage is shown. This is done by filing a “Statement of Use” form. The typical cost is $394 to prepare and file, which includes attorney fees. The government filing fee of $250 must also be included.
Trademark Extensions
If you’ve filed a trademark application on an intent-to-use basis and need more time to submit a Statement of Use, as required by the U.S. Patent and Trademark Office (USPTO) for registration, you may request an extension of 6 months (up to 5 times). The typical cost is $229 to prepare and file, which includes attorney fees. The government filing fee of $125 must also be included.
Section 8 Renewal – Declaration of Continued Use
A Declaration of Continued Use (also called a “Section 8” filing) is required by the U.S. Patent and Trademark Office (USPTO) to demonstrate that you are currently using your trademark in commerce (or have a valid excuse for not using it). If 5 years have passed since you registered your trademark, you need to submit a Declaration of Continued Use, proving your ongoing use of your mark (or excusing non-use). After that, you need to submit the declaration between the 9 and 10-year anniversaries and then every 10 years. The typical cost is $394 to prepare and file, which includes attorney fees. The government filing fee must also be included which ranges from $225-$425.
Section 9 Renewal – Renewing your trademark registration
Renewing your trademark registration (also called a “Section 9” filing) is required by the U.S. Patent and Trademark Office (USPTO) for trademark owners to maintain their trademark rights. If your trademark has been registered for 9 years, it’s time to file a renewal—you have one year following that 9-year anniversary to renew. Following your first renewal, renewals are required every 10 years. All renewals, should be filed as Combined Section 8 Declaration/Section 9 Renewal. If no renewal is filed, the registration will be canceled. The typical cost is $394 to prepare and file, which includes attorney fees. The government filing fee of $525 must also be included.
