Re Register Trademark: Everything You Need to Know - UpCounsel For example, every ten years you must submit a declaration of use and/or excusable nonuse and an application for renewal. The cost of renewing a federal trademark and associated "maintenance fees" for the first 10 years total about $600. After you register your trademark, you must file documents to maintain your registration at regular intervals. Have a comment about the web page you were viewing? Jan 14, 2017 12:19 AM EST, Last Modified: If a registration is surrendered in its entirety, the USPTO updates its records and sends a notice to the owner of record that the registration is cancelled. File a patent application online with EFS-web, Single interface replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with Patent Center and Private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. That's why you'll see phrasing like "9-10 years post-registration." If fewer than all classes are being surrendered, the automated records will be updated to indicate the specified classes that have been cancelled.Note: If the registration being surrendered is the subject of a cancellation proceeding before the Trademark Trial and Appeal Board (TTAB), the TTAB will process the surrender in accordance with TBMP 602.02(a). In order to prove use of a trademark in the USPTO, two entirely separate issues must be . Once you apply, you may need to pay additional fees, depending on your filing basis. ** PCT fees to foreign offices subject to periodic change due to fluctuations in exchange rate. USPTO - United States Patent and Trademark Office, Published on: Access current fee amounts, all USPTO systems to file and pay online, and links to additional fee and payment information. Once you complete your order in TEAS or TEASi, youll have the option to Pay as a guest or Sign in using your uspto.gov account credentials. 1. A Section 9 renewal application is a written request to keep your registration active. Affidavits or declarations during the grace period must include an additionalper class of goods or services. 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. File new application or access existing application; you can submit forms or fee payments as needed, and much more, Electronic System for Trademark Trials and Appeals (ESTTA) The cost of attaining a trademark varies depending upon the filing basis selected, and which initial application form is used. Also, you must file a renewal application within the same period (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the registration expiration date). Trademark Fees | USPTO Filing, Registration, Maintenance and Renewal The USPTO will send your trademark renewal reminders to the email address that they have on file for you. Note that most PTO fees are "per class" - that is, if the goods or services fall under more than one class in the International Classification of Goods and Services, then you must pay a separate fee for each class of goods. What happens if my trademark registration is audited? We would like to know what you found helpful about this page. Trademark fee information | USPTO Failure to file a renewal application before the expiry of the grace period of six months from the due date results in automatic cancellation of your trademark. $699* Confirms Use in Commerce We Assist You in Selecting a Compliant Specimen Trademark Renewal Attorney Drafted and Filed Declaration USPTO fee for one class of goods/services included Sign Me Up! The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TSDR database. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 71, the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney. The following is a list of common trademark expenses: Renewal fees: $400 for the initial good or service including on the application; $125 for each additional good or service File a trademark application and other documents online through TEAS. Find upcoming programs related to IP policy and international affairs. The USPTO charges a fee to file a new trademark application. Jun 1, 2023 09:26 AM EDT, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, How to use the Trademark Electronic Search System (TESS). If you have NOT continuously used the mark in commerce for five consecutive years, you must still file a Section 71 Declaration. Oct 9, 2019 01:39 PM EDT, Last Modified: Should an application fall into an abandoned status at any time during the registration process, a petition fee of $150 is required to revive and resume prosecution of the application. Trademarks Basics How much does it cost? If the USPTO has issued a notice of allowance (NOA) and you have not yet used your trademark on your product or in connection with your services, you will need to file an extension request. Combined Declaration of Use and Incontestability under Sections 8 & 15. Applications using the Pre-Approved List of Goods and Services: September 25, 2021. If you have a bona fide intention to use your trademark in interstate commerce in the United States, youll select the intent-to-use filing basis. Section 73 itself does not require a separate filing, but rather only establishes the time for filing. In other words, if they pay before the fee changes there is a . The USPTO will then update its records to cancel the corresponding extension of protection to the United States as of the expiration date of the international registration. Trademark Renewal | USPTO Fees Period Serivce Cost Timeline / Overview In fact, inappropriate trying to renew a intellectual can score in the loss of your trademark registration. The USPTO is currently improving our content to better serve you. USPTO: Proving Use Of A Trademark In The United States Patent And File a patent application online with EFS-web, Single interface replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with Patent Center and Private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. We accept check or money order, credit and debit card, or deposit account when paying by mail. Order Trademark Presentation Copy of Registration Certificate. See our trademark fee information and the fee schedule for more detailed information. Find out how to protect intellectual property in other countries. Specify the date that you first used your mark anywhere with your goods or services. Canadian Trademark Renewal Requirements - Gerben Intellectual Property Use this form either to (1) respond to an office action that a Post-Registration examiner has issued, (2) pay an additional fee related to a Post-Registration matter, or (3) respond to an office action issued in connection with an expungement or reexamination proceeding. 2. 15 U.S.C. Search recorded assignment and record ownership changes. Find upcoming programs related to IP policy and international affairs. If you received an office action issued in connection with an expungement or reexamination proceeding, generally you must respond within three months of the issue date of the office action. Note on representation: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. The electronically filed fees are relevant for most customers. Dates of Trademark Applications being distributed for Examination. Check trademark application status and view all documents associated with an application/registration. Filing Declaration of Use after 5 years (8 declaration) combined with Declaration of Incontestability (15 declaration): $425 per class (if filed before the grace period); You should also "whitelist" the USPTO email domain to ensure that your reminders won't be accidentally filtered as spam or junk email. Up from $100 per application. There is a fee per class of goods or servicesfor filing a Section 8 declaration. 6. In fact, improperly attempt to renew a trademark can result in the detriment of will trademark registry. The USPTO will still accept Section 8 declarations for up to six months after the due date during a period called the grace period. Note: Because the time for filing a ten-year Section 8 declaration coincides with the time for filing a Section 9 renewal application, a combined 8 & 9 form exists, below. Overview of trademark fees | USPTO The $400/$200 non-electronic filing fee (fee codes 1090/2090/3090 or 1690/2690/3690) must be paid in addition to the filing, search and examination fees, in each original nonprovisional utility application filed in paper with the USPTO. Such information may be faxed to the Post Registration division at 571-273-9500 for entry into the public record for the registration; however, the Office will neither examine nor act on such submissions. Guest users can only pay with a credit or debit card, but signed in USPTO.gov account users can pay with any payment method stored in Financial Manager. The cost to apply for and maintain a trademark registration depends on multiple factors. To keep a trademark, trademark renewal browse must be filed with the USPTO between the 5 t and 6 tth year after registration, and then every 10 years per registration. To file TEAS and TEASi forms, select a form listed below. The documents take effect Monday WASHINGTON The United States Patent and Trademark Office (USPTO) today published its 2018-2022 Strategic Plan. Failure to file required maintenance documents will result in the registration being cancelled or expired. File a patent application online with EFS-web, Single interface replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with Patent Center and Private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. Filing Declaration of Use after 5 years (8 declaration) combined with Declaration of Incontestability (15 declaration): $425 per class (if filed before the grace period); 3. SCAM ALERT -Warning about Non-USPTO Solicitations, Patent and Trademark Fee Setting and Adjusting Information, Check system status and scheduled outages. The mailing address depends on the type of payment you wish to make. Can you describe the problem? The recordation will remain in force concurrently with the underlying copyright registration, if renewed with CBP every 20 years. Under the new fee schedule the company would have to pay about $13,500,000 to maintain the same patents. Have a comment about the web page you were viewing? Learn about our current legislative initiatives. The USPTO has a specific list of goods and services divided into 45 different classes.