Trademark Maintenance Filings

1.      Statement of Use Filings:  A Statement of Use filing is required once an Intent-To-Use trademark application achieves a Notice of Allowance. The purpose of this filing is to convert an Intent-To-Use filing where the Applicant is not yet using their trademark to an “In-Use” filing.  The Statement of Use filing must be filed within 6-months of receiving your Notice of Allowance.
2.      Statement of Use Extension Filing:  Assuming you are not yet using your trademark by the time you reach your Statement of Use filing deadline, you may file a 6-month extension of time to preserve your registration rights.  The USPTO allows up to five 6-month extension filings.
3.      Section 8 + 15 Declarations: A Section 8 Declaration of Continued Use is a required filing that is due between the 5th and 6th year after the registration of your trademark.  The purpose of this filing is to show the USPTO that you are still using your trademark in commerce and that you have not abandoned your trademark.  If you do not file, your trademark registration will be deemed abandoned.  The Section 15 Declaration of Incontestability is an optional filing that is recommended to make your registration “incontestable” on certain grounds.
4.      Section 8 & 9 Trademark Renewal: A Section 8 & 9 Trademark Renewal is  required filing due between every 9th and 10th anniversary of your trademark registration.  If this filing is not completed, your trademark will be deemed abandoned by the USPTO.