To maintain your trademark registration, you must show the use of your trademark no later than the sixth year after it was registered. Meanwhile, you also have a chance to make your trademark incontestable.
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Trademark applicants whose trademark has just passed its 5th anniversary of the registration date are required to file a Section 8 Declaration of Use with specimens and a fee with the USPTO. You should file the Declaration of Use between the 5th and 6th anniversaries of the registration date. If you miss the deadline, you can still file within the 6-month grace period with the payment of an extra filing fee.
FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.
A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. Following the filing of a Section 15 declaration, the trademark becomes incontestable. Once a trademark is incontestable, various aspects of the registration cannot be challenged by third parties (such as the trademark's validity).
Declaration of Use between the 5th and 6th year
+ Government Fee ($225.00/class)*
COMPLETE YOUR DECLARATION OF USE
* Urgent: This govt fee will increase to $325/Class after 1/18/2025.
Declaration of Use and Incontestability
+ Government Fee (425.00/class)*
FILE A MORE COMPREHENSIVE RENEWAL FOR YOUR TRADEMARK
* Urgent: This govt fee will increase to $575/Class after 1/18/2025.