Trademark Maintenance Fees

Extension of Time to Show Use - $475

You have six (6) months from the issue date of the Notice of Allowance (NOA) either to file a Statement of Use (SOU) or apply for an extension of time to file an SOU. An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark.

You may continue to file Extension Requests every six (6) months for up to a total of five (5) extensions of time. You must use the mark in commerce and file an SOU within three years (36 months) of the NOA issuance date.

Allegation of Use - $550

If you filed an intent to use (Section 1(b)) application we must file an allegation of use form (Statement of Use), including the required fee, before a registration may issue.

Proof of Continued Use (Section 8) - $675

You must file a Section 8 declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration.

Failure to file a Section 8 Declaration will result in cancellation of the registration.

Renewal (Section 8-9) - $975

You must file a Section 8 declaration, specimen, and fee on date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter. Also, you must file a renewal application within the same period.

Failure to file this document will result in cancellation/expiration of the registration.

Combined Section 8 and 15 (Making Registration “Incontestible”) - $1050

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). This declaration can only be filed for trademarks that are registered on the Principal Register.

*All fees are assuming the trademark was filed in one class and are subject to change.