What Should I Do After My Trademark is Registered?
Congratulations on having completed the first step in registering your trademark! For your trademark to remain valid throughout your use of it, you’ll want to follow these practices to protect your investment:
1. Start using the ® symbol.
After you have successfully registered your trademark, you can switch from using the TM (™) or SM (℠) symbols and start using the official circled R (®) symbol. The ® symbol shows that you have a federal registration of your mark, while the TM (™) or SM (℠) symbols only indicate a claim over the trademark. Read more about when to use the symbols on our blog post: ® or ™? Which trademark symbol should I use and when?
2. Monitor your trademark.
Your trademark will be registered with the USPTO, but they aren’t in charge of monitoring whether someone is infringing on its use. We recommend two main steps to monitor your trademark:
- Set up a Google Alert to be notified if there are any uses of it that show up in Google Search Results.
- Search the USPTO database for names or symbols that look similar to your brand.
3. Sign up for maintenance document reminders.
You can keep your trademark indefinitely if you remember to file all of the renewal paperwork on time.
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 $294 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 $294 to prepare and file, which includes attorney fees. The government filing fee of $525 must also be included.
The USPTO will send a renewal reminder through email, and we are happy to help you with Section 8 and Section 9 renewals when the time comes.
