federal trademark cost

Cost of Renewing a Federal Trademark

By Eric Misterovich

Trademark registration serves an important function for large and small businesses alike. But, the cost of trademark registration can be an important consideration for smaller businesses. While Revision Legal provides up-front transparency in our flat fee registration packages, a question often arises regarding the costs of renewing a federal trademark. Below is a summary of the costs associated with renewing and maintaining your trademark registration

The good news is that the cost of renewing a federal trademark is likely less than the cost of renewing your corporate structure under state law.

How to Keep Your Trademark Valid – Affidavit of Use

For a trademark registration to remain valid, the trademark holder or attorney must file an Affidavit of Use (known as Section 8) between the fifth and sixth years after registration. This is a simple process that requires the trademark holder to make a sworn statement that the mark is in use in commerce. There is a $100 filing fee to submit the Affidavit of Use. In other words, there is no cost of renewing a federal trademark registration until 5 years after registration (but before 6 years). At that time it will cost you $100.

Renewal of Federal Trademark – Combined Section 8 / Section 9

Owners of a registered trademark are required to renew their registrations every 10 years. This must be filed between the ninth and tenth year after registration. To do so, you must file the Section 9 Renewal form and pay the $400 filing fee.

Owners are also required to file another Section 8 Affidavit of use between the ninth and tenth year after registration and again, pay the $100 filing fee. Owners are able to file a combined application to account for Section 8 and Section 9 requirements. So the cost of renewing a federal trademark includes the “maintenance fees” in year 9.

Trademark Cancellation

If a trademark owner fails to timely file a Section 8 or Section 9 filing, the trademark will be canceled and the owner could permanently lose all trademark rights. Needless to say, complying with the deadlines is of extreme importance.

Declaration of Incontestability – Section 15

While this filing is not required to preserve trademark rights, filing this declaration will unquestionably strengthen your mark. Here is how it works. If a trademark owner files a Declaration of Incontestability between the fifth and sixth years after registration, and pays the $200 filing fee, the mark is immune from challenge except under very narrow circumstances.

Federal law states that if a Declaration of Incontestability is filed, a mark may only be challenged on the grounds that the mark 1) has become the generic name for the goods or services, or a portion thereof; 2) is functional; 3) has been abandoned, or; 4) the registration was fraudulently obtained.

Trademark Monitoring and Enforcement

Owners of a registered trademark must take active steps to protect their mark. This means monitoring the unauthorized use of your trademark and demanding that infringers cease and desist their use.

Revision Legal offers 12-months of trademark monitoring for a flat rate of $400. In this package, we continually search for the use of your mark online and in the USPTO’s database and provide a report to the trademark owner every quarter. It is the best method to keep an eye on your trademark.

Often times trademark holders are called on to issue cease and desist letters to companies or individuals infringing upon their trademark rights. Revision Legal offers trademark enforcement services, including offers cease and desist letters, on a flat fee basis depending on the circumstances.

Conclusion

The cost of renewing a federal trademark and associated “maintenance fees” for the first 10 years total about $600. This is $100 for Section 8 between the fifth and sixth year after registration, $400 for Section 9 and another $100 for Section 8 between the ninth and tenth year after registration.

Trademarks owners would be smart to pay an additional $200 to obtain give their marks incontestable status. Apart from the filing fees, trademark owners should actively protect their trademarks through monitoring and protecting their trademarks.

Given the benefits that come with trademark registration, the above costs, even to a small business, are well worth the investment.

If you need assistance with renewing a Trademark, please use the form on this page or contact us at 855-473-8474.

 

Editor’s note: This article was originally published in 2014 and has been updated for content and readability.

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