How Long is my Trademark good for?
Your Trademark is valid for 10 years, however if a Section 8 is not filed between the 5th and 6th year of registration then it will be cancelled after 6 years of registration. At the 10 year mark there is a Section 9 Renewal & Section 8 filing and then every 10 years after that a Section 9 Renewal & Section 8 is also required.
What is the difference between the Section 8 and the Section 9 Renewal?
The Section 8 is a declaration of use, stating that you are still using the mark after the first 5 years, the renewal is simply renewing the trademark. Both are required at the 10 year anniversary and subsequent 10 year periods.
How do I show my Trademark in still in use?
With the Section 8 a specimen must be provided to show proof of use. Our filing agents will assist you in providing the appropriate specimen. It may be an advertisement, a photo of the product or a label for the product, choosing the right specimen for the class that a Trademark is registered in is the most important part of the process.
Will the Patent and Trademark Office notify me of the requirements?
The Patent and Trademark Office will NOT send any notification. The requirements are listed on the back of your registration certificate.
Can I file the Section 8 and Section 9 Renewal by myself?
Yes, you can file the requirements by yourself, for more information you can visit the Patent and Trademark Office website
Can the US Trademark Compliance Service Assist me in filing?
Of course we can, we combine all the forms with an appropriate specimen and forward to you for you signature and then file it on your behalf with the Patent and Trademark Office.
What does it cost to file a Section 8 or Section 9 Renewal?
The filing fees are as follows:
USPTO Section 8 fee: $100.00 per Class
USPTO Section 9 fee: $400.00 per Class
Our Fee to Assist: $375.00
Is there any extension offered by the Patent and Trademark Office if I miss the filing deadline?
The Patent and Trademark Office does offer a 6 month Grace period to those who do not meet the deadlines. There is an additional fee assigned by the Patent and Trademark Office to file within the Grace Period. For Section 8 the additional fee is $100.00 per Class and for Section 9 the Grace period fee is $100.00 per class plus the Section 8 Grace period fee.
Do you offer Section 15 filing services?
We do offer the service with the Section 8 filing if requested. The Patent and Trademark office fee for the Section 15 is an additional $200.00. Our fee remains the same at $375.00.
Once I send you payment and enrolment how long does the process take?
As soon as we receive your information a filing agent will contact you within 5 business days by email or Fax as you indicate on your forms, the filing can take as few as a couple days.
How will I know if the paperwork has been filed with the Patent and Trademark Office?
Once the forms have been filed we will notify you either by email or Fax and include the filing confirmation from the Patent and Trademark Office.
If we enrol in your service will you notify me every time a requirement is due?
Yes, US Trademark Compliance Service will notify you of each filing requirement related to Section 8 & Section 9 filings.
Can I make changes to my Trademark through the Section 8 & Section 9 process?
No, changes to the trademark cannot be made through the Section 8 or Section 9 process.
