Maintaining your trademark registration is essential to protect your brand and ensure continued legal rights. Our law firm offers comprehensive services to assist you with the renewal process, ensuring your trademark remains active and protected.
We handle all aspects of preparing and filing the necessary documents to renew your trademark registration. Our experienced attorneys provide guidance on maintaining your trademark and navigating any issues that may arise during the renewal process.
Fees
- We charge $495 to prepare and file the renewal declaration.
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USPTO Fees:
- The first renewal declaration (Sections 8 and 9 Declaration) must be filed between the 5th and 6th anniversary of the registration. The U.S. Trademark Office fee for the Section 8 Declaration is $225 per class of goods or services.
- All subsequent renewal declarations (Sections 8 and 9 Declaration) must be filed every ten years following the registration. The U.S. Trademark Office fee for the combined Sections 8 and 9 Declaration is $525 per class of goods or services.
Benefits of a Declaration of Incontestability
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Stronger Trademark Protection:Once a trademark is declared incontestable, it becomes nearly immune to challenges regarding its validity, including claims that it is merely descriptive, generic, or lacks secondary meaning, significantly strengthening the trademark owner's position in legal disputes.
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Reduced Legal Costs:By deterring potential infringers and simplifying legal defense against trademark infringement claims, an incontestable mark can save the trademark owner time and money in litigation.
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Conclusive Evidence of Ownership:Filing a Declaration of Incontestability acts as conclusive proof that the registered mark is valid and belongs to the stated owner, making it easier to establish trademark rights in court.
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Enhanced Enforcement Power:With an incontestable trademark, the owner can more effectively take action against infringers by presenting the registration as strong evidence of their exclusive right to use the mark.
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Peace of Mind:Knowing that their trademark is highly protected against most challenges can provide trademark owners with greater peace of mind and confidence in their intellectual property rights.
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Eligibility Requirements:To file a Declaration of Incontestability, a trademark must have been registered for at least five years and continuously used in commerce during that period.
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Limited Exceptions:Even with incontestable status, a trademark can still be challenged on certain grounds, such as if it has become generic, was obtained through fraud, or is being used in a way that falsely suggests a connection to another entity.
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Consult Legal Counsel:While a Declaration of Incontestability is a valuable tool, it is crucial to consult with an intellectual property attorney to ensure proper filing and to understand the nuances of trademark law in specific situations.
For more detailed information on trademark renewals and the benefits of incontestability, you can visit the following USPTO pages:
If you have any questions or need assistance with your trademark renewal, please contact our law firm at (303) 665-9845 for expert guidance. We're here to help you protect your brand and navigate the complexities of trademark law.