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A trademark is a business asset that functions as your identifier in the marketplace. It can be any distinctive word, name, symbol, or device—or combination thereof—that you use to distinguish your goods or services from those offered by others.
The fundamental purpose of trademark law, rooted in the Commerce Clause of the U.S. Constitution, serves two critical functions: it helps businesses protect their investment and promote their brand, while safeguarding consumers against confusion and deception in the marketplace.
This guide provides a comprehensive, step-by-step overview of the process for securing a federal trademark registration in the United States.
Foundation: Strategy and Preparation
Before filling out a single form, you need to make a series of strategic decisions. This foundational phase is critical, as the choices made here will define the scope of your legal rights, the cost of the process, and the likelihood of success.
Overlooking these initial steps can lead to costly errors and strategic dead-ends that are difficult or impossible to correct later.
Is a Trademark Right for You?
The first step is understanding what a trademark is, what it protects, and the significant advantages that federal registration provides over relying on more limited, automatic rights.
Defining Core Concepts
It’s essential to distinguish trademarks from other forms of intellectual property. A trademark identifies the source of goods, such as the brand name NIKE on a pair of shoes. A service mark identifies the source of services, such as UNITED AIRLINES for air transportation.
For simplicity, the term “trademark” is often used to refer to both. The process for registering them with the USPTO is virtually identical. The ™ symbol can be used to claim rights in an unregistered trademark for goods, while the ℠ symbol can be used for unregistered service marks.
Trademarks should not be confused with patents or copyrights:
- Trademarks protect brand names, logos, and slogans used on goods and services
- Patents protect inventions, such as new machines, processes, or chemical compositions
- Copyrights protect original works of authorship, such as books, music, paintings, and software code
This guide focuses exclusively on the process of registering trademarks with the USPTO.
Federal Registration vs. Common Law Rights
In the United States, trademark rights are acquired through use. The moment you begin using a mark in commerce to sell your goods or services, you automatically start to accumulate “common law” rights. You’re not required to register your trademark to have these rights.
However, common law rights are geographically limited to the specific area where you’re conducting business. If you operate a bakery in Boston under a specific name, your common law rights may not prevent someone from opening an unrelated bakery with the same name in Seattle.
Federal registration with the USPTO transforms these limited, local rights into powerful, nationwide protection. The benefits of federal trademark registration are substantial:
Public Notice: Your registration serves as nationwide public notice of your claim of ownership of the mark.
Legal Presumption of Ownership: A federal registration creates a legal presumption that you are the owner of the mark and have the exclusive right to use it nationwide in connection with the goods and services listed in your registration. This can be a powerful advantage in a court dispute.
Federal Court Access: It gives you the right to bring a lawsuit for trademark infringement in federal court, which is often a more advantageous venue.
Use of the ® Symbol: Only owners of federal registrations are legally permitted to use the registered trademark symbol, ®. This symbol provides a clear and potent warning to potential infringers that the mark is protected by federal law.
Customs and Border Protection: You can record your registration with U.S. Customs and Border Protection to help prevent the importation of goods that infringe on your trademark.
Basis for Foreign Registration: A U.S. registration can be used as a basis for obtaining trademark registration in foreign countries through international treaties.
Word Mark vs. Logo: A Critical First Decision
One of the most important and often misunderstood strategic decisions you must make is whether to file for the words of your brand name or for your logo. These are considered two distinct trademarks, and they can’t be registered in the same application.
A business that wants to protect both its name and its logo must file two separate applications and pay two separate sets of fees.
Standard Character Mark (The “Word Mark”)
A standard character mark registration protects the word, letter, or numeral elements of your mark itself, without any claim to a particular font, style, size, or color. This is often called a “word mark.”
For example, a standard character registration for the word “AMAZON” grants protection for that word regardless of how it’s displayed—whether in a simple block font, a stylized script, or in various colors.
This type of registration provides the broadest possible protection for the literal component of a brand. The application must contain only characters from the USPTO’s standard character set and include a statement that “the mark consists of standard characters without claim to any particular font style, size, or color.”
Special Form Mark (The “Design” or “Logo” Mark)
A special form mark, also known as a design mark or stylized mark, protects a specific artistic rendering of a mark. This is the correct choice if your brand identity is inextricably linked to a particular design, logo, color scheme, or unique stylization of lettering.
The iconic Nike “swoosh” or the Coca-Cola logo in its distinctive Spencerian script are classic examples of special form marks.
The protection granted by a special form registration is narrower; it’s limited to the particular depiction of the mark as shown in the drawing submitted with the application. This means another party might be able to use the same words if their logo is designed so differently that it’s unlikely to cause consumer confusion.
| Feature | Standard Character Mark | Special Form (Design) Mark |
|---|---|---|
| What it Protects | The words, letters, or numbers themselves | A specific stylized version, logo, design, or color scheme |
| Scope of Protection | Broadest protection. Covers the word(s) regardless of font, style, size, or color | Narrower protection. Limited to the specific visual representation in the application drawing |
| Flexibility | High. The owner is free to change the logo or styling of the mark over time without losing protection for the underlying name | Low. If the logo is significantly altered, a new application may be required to protect the new version |
| When to Choose | When the name itself is the most important part of the brand. Ideal as a first step for most businesses to secure core rights | When the visual appearance of the logo is a key and distinctive element of the brand identity |
| Application Requirement | A typed representation of the mark and a claim to standard characters | A digitized image file (e.g., .jpg) of the specific design or logo |
| Example | Registering the word “TARGET” | Registering the iconic red bullseye logo |
The Strategic Investment Decision
The choice between these two types of marks isn’t merely a procedural formality—it’s a fundamental business strategy decision with significant long-term implications for both cost and enforcement.
Each application carries a base government filing fee of $350 per class of goods or services. For a small business or startup operating on a lean budget, the cost of filing for both a word mark and a logo simultaneously can be prohibitive.
While the most robust legal protection comes from registering both, a more practical, phased investment strategy is often advisable. For a new business, securing the broadest rights first is typically the most efficient use of limited capital.
A standard character mark registration usually provides more protective “bang for the buck,” as it covers the core name of the brand across any and all visual representations. The specific logo can then be registered as a separate special form mark later, once the business is more established and has generated more revenue.
To Hire an Attorney or DIY?
The USPTO trademark application process is a legal proceeding, and the office itself is barred from providing legal advice to applicants. This creates a crucial decision point for every applicant: whether to navigate the process alone or retain professional legal counsel.
For applicants who are domiciled in the United States (their permanent legal residence is in the U.S. or its territories), hiring an attorney isn’t mandatory. However, the USPTO strongly encourages it, acknowledging the numerous complexities and potential pitfalls of the process.
For applicants who are “foreign-domiciled,” the choice is removed. It’s mandatory to be represented by an attorney who is licensed to practice law in the United States.
The Value of Professional Help
The value of hiring an experienced trademark attorney is significant. An attorney can perform a much more comprehensive “clearance search” than a layperson, provide crucial advice on the strength of a proposed mark, help navigate complex legal issues like “likelihood of confusion” or “mere descriptiveness,” and skillfully draft and file responses to official USPTO letters known as Office Actions.
While legal fees, which can range from $500 to over $2,000 for a search and application filing, represent a considerable upfront cost, this investment must be weighed against the potential costs of failure.
A rejected application means the loss of the non-refundable government filing fee. More critically, launching a brand with a flawed mark could lead to a far more expensive infringement lawsuit down the road.
The Clearance Search: Is Your Mark Available?
This is arguably the single most important step in the entire application process. Before investing time and money in an application, you must conduct a thorough search to determine if your chosen mark is legally available for use and registration.
A properly executed search can prevent you from filing an application that’s destined for rejection from the outset.
Why a Comprehensive Search Matters
The primary goal of a clearance search is to uncover any existing trademarks that could block your application. The USPTO will refuse to register a mark if it’s “confusingly similar” to a mark that’s already registered or pending in a prior-filed application, for goods or services that are related to yours.
This is known as a “likelihood of confusion” refusal, and it’s the most common reason applications are rejected. A comprehensive search allows you to assess this risk before you file, potentially saving you the non-refundable application fee and months of waiting only to receive a rejection.
The USPTO’s New Trademark Search System
The USPTO provides a public database of all registered and pending federal trademarks. On November 30, 2023, the agency retired its long-standing search system, known as TESS (Trademark Electronic Search System), and replaced it with a new platform called “Trademark Search”.
The retirement of TESS wasn’t merely a cosmetic update—it was a necessary overhaul driven by obsolete technology. The backend system and programming language that TESS relied on were so dated that, reportedly, only a single, soon-to-retire employee was capable of maintaining them.
The new system, while more stable and modern, introduces a different set of challenges for non-expert users. While its basic search functions are more intuitive, its advanced search capabilities rely on a programming syntax known as Regular Expressions (RegEx), which is standard in computer science but largely unfamiliar to the general public.
This change effectively widens the gap between a superficial search that a novice can perform and a truly comprehensive search that an expert can execute. It implicitly increases the value of hiring a trademark attorney or professional search firm, as the technical skill required for a thorough clearance search has become more specialized.
Basic Search Techniques
A good search strategy begins with brainstorming variations of your mark, including alternative spellings, phonetic equivalents (searching for “Kwick” as well as “Quick”), and potential alternate meanings.
When using the Trademark Search tool, it’s important to avoid the default “search by all” mode for a proper clearance search. Instead, use the dropdown menu to select “Wordmark” to begin searching for your proposed name and its variations.
Advanced Search Techniques
To conduct a more precise search, you must use field tags and operators. The syntax in the new system differs from the old TESS system; field tags are now placed before the search term, followed by a colon (e.g., CM:unicorn).
Key Field Tags:
CM: (Combined Mark) – This is a powerful starting point that searches across the word mark, pseudo mark (common misspellings or phonetic equivalents), and translation fields.
IC: (International Class) – This tag narrows your search to one or more of the 45 specific classes of goods and services, helping to filter out irrelevant results.
LD:true / LD:false – These tags are essential for filtering by status. LD:true searches only for “Live” marks (pending or registered), while LD:false searches for “Dead” marks (abandoned or cancelled).
Using Regular Expressions (RegEx)
Phonetic Equivalents: To search for multiple character possibilities, use square brackets. For example, [csz] will search for marks with a ‘c’, ‘s’, or ‘z’. To cover all vowels, use [aeiou].
Truncation: To find your search term even when it’s part of a larger word (finding “cat” in “caterpillar”), use the .* operator before and after the term, enclosed in forward slashes. A search for variations of “chat” would look like this: CM:/.[csz]{1,2}h[aeiou]{1,2}t./
Searching for Design Elements
If your mark includes a logo or design element, a word search is insufficient. You must also search for visually similar designs. This is accomplished using a system of six-digit “Design Search Codes” that categorize design elements by what they depict.
The USPTO provides a Design Search Code Manual to help you find the appropriate codes for your design. You can then use the DC: field tag to search for marks containing those design elements (e.g., DC:030111 searches for marks that include the design code for foxes).
Assembling and Filing Your Application
After conducting a thorough clearance search and concluding that your mark is likely available, the next phase is preparing and submitting the application to the USPTO. This requires careful attention to detail to avoid procedural errors that can cause delays or even jeopardize the application.
Getting Started: Your USPTO.gov Account
Before any application can be filed, you must first create a USPTO.gov account. As part of the account setup, the USPTO requires a mandatory, one-time identity verification for all filers. This security measure is designed to protect the integrity of the trademark register and can typically be completed online in under 15 minutes.
All new trademark applications must be filed electronically through the USPTO’s online portal, the Trademark Center. While a paper filing option exists in extremely limited circumstances, it’s strongly discouraged and significantly more expensive, with a fee of $850 per class compared to the $350 fee for online filing.
Choosing Your Filing Basis
Every trademark application must state a “filing basis,” which is the legal justification under the Trademark Act for why you’re entitled to file. The two most common filing bases for U.S. applicants are “Use in Commerce” and “Intent-to-Use.” This is a critical choice that depends entirely on your business’s current status.
Section 1(a) “Use in Commerce”
This filing basis is for applicants who are already using their trademark in the normal course of business to sell goods or provide services. To qualify, the use must be in “interstate commerce,” which means commerce that crosses state lines or international borders.
For goods, this typically means the mark appears on the products, their packaging, or point-of-sale displays, and the goods are being sold or transported to customers in another state or country. For services, it means the mark is used in advertising or rendering services to customers who live outside your state.
If you file under a “Use in Commerce” basis, you must provide the USPTO with:
- The date you first used the mark anywhere
- The date you first used the mark in interstate commerce
- A “specimen,” which is a real-world sample showing how the mark is actually seen by consumers (a photograph of a product tag, a screenshot of a webpage where services can be purchased)
Section 1(b) “Intent-to-Use” (ITU)
This filing basis is for applicants who haven’t yet begun to use their mark in commerce but have a “bona fide” or good faith intention to do so in the near future.
The primary advantage of an ITU application is that it allows you to “reserve your place in line.” The date you file your ITU application becomes your “constructive use” date, which gives you nationwide priority over anyone else who might begin using a similar mark after your filing date but before you have actually launched your product or service.
This can be invaluable for a startup that needs to secure its brand name before making significant investments in marketing and inventory.
However, an ITU application can’t be fully registered until you begin using the mark in commerce and submit proof to the USPTO. This requires filing an additional form—either an “Amendment to Allege Use” (AAU) or a “Statement of Use” (SOU)—along with a specimen and an additional government fee.
| Factor | Section 1(a) Use in Commerce | Section 1(b) Intent-to-Use |
|---|---|---|
| Who It’s For | Businesses already selling goods or services across state lines under the mark | Businesses that have a genuine plan to use the mark soon but haven’t yet started |
| Key Requirement at Filing | Must provide dates of first use and a real-world specimen showing the mark in use | Must provide a sworn statement of a “bona fide intention to use the mark in commerce.” No specimen required initially |
| Main Advantage | Simpler and less expensive process. If approved, proceeds directly to registration | Secures an early filing date, establishing nationwide priority rights over later users or filers |
| Main Disadvantage | Can’t be used if the mark isn’t yet in commercial use at the time of filing | More complex and expensive. Requires additional filings and fees later to prove use |
| Post-Filing Steps | Application is examined and, if approved, published for opposition and then registered | Application is examined and published. If no opposition, a “Notice of Allowance” is issued. The applicant must then file a Statement of Use to prove use before the mark can register |
| Additional USPTO Fees | None, beyond the initial application fee | Fee for filing the Statement of Use or Amendment to Allege Use. Potential fees for requesting extensions of time to file the SOU |
Defining Your Goods and Services
An application must include a clear and specific list of the goods or services on which the trademark will be used. The scope of your trademark rights is defined by and limited to this description.
To aid applicants in this task, the USPTO maintains the Trademark Identification (ID) Manual, a searchable online database of more than 65,000 pre-approved descriptions of goods and services.
Using a description directly from the ID Manual offers significant advantages. It streamlines the application process and dramatically reduces the likelihood of receiving an Office Action for an “indefinite” or unclear description of goods and services.
The Financial Impact of the ID Manual
The USPTO’s fee structure, effective January 2025, has transformed the decision of whether to use the ID Manual from a matter of simple convenience into a significant financial calculation. Previously, using the ID Manual offered a $100 discount on the filing fee. Under the new system, the financial penalty for not using the manual has effectively tripled.
The USPTO is now using a powerful financial lever to push applicants toward standardization. For a budget-conscious entrepreneur, this makes it critically important to spend time thoroughly searching the ID Manual for an acceptable description before resorting to a custom one.
If a suitable description can’t be found in the manual, an applicant can write their own “free-form” description. However, this choice now comes with a steep price: a $200 per-class surcharge. This surcharge makes custom descriptions a costly option and underscores the agency’s strong preference for the standardized entries in the ID Manual.
All goods and services are categorized into 45 “International Classes” (Classes 1-34 for goods, 35-45 for services). An applicant must pay a separate filing fee for each class in which they wish to register their mark.
For instance, a business that sells branded coffee mugs (Class 21) and also operates a café under the same name (Class 43) would need to file in two separate classes and pay two application fees.
Filing Your Application
The electronic application form, available in the Trademark Center, will guide you through the process of providing all the necessary information for a complete application.
A complete base application must include the following key elements:
- Applicant Information: The applicant’s full name, legal entity (individual, LLC, S-Corp), and domicile address
- The Mark: For a standard character mark, this is simply the typed text. For a special form mark, this is a digitized image of the logo
- Goods and Services: A specific list of the goods and/or services, correctly classified
- Filing Basis: A clear assertion of either “Use in Commerce” or “Intent-to-Use”
- Verified Statement: A declaration, signed by an authorized person, affirming that the facts stated in the application are true
- Filing Fee: Payment of the required fee for each class of goods and services
Understanding the Costs
A clear and realistic understanding of the full financial commitment is essential for any applicant. The costs extend beyond the initial filing fee and now include a range of potential surcharges based on the completeness and complexity of the application.
The USPTO Fee Schedule (Effective January 18, 2025)
In a significant overhaul of its fee structure, the USPTO eliminated the tiered TEAS Plus ($250) and TEAS Standard ($350) application options, effective January 18, 2025. There’s now a single filing system with a variable cost structure.
The Base Application Fee is now $350 per class of goods or services included in the application.
In addition to the base fee, several new surcharges can apply, significantly increasing the total cost:
| Fee Type | Cost (per class) | When It Applies | Notes for Applicant |
|---|---|---|---|
| Base Application Fee | $350 | At the time of filing for every application | This is the foundational, non-refundable cost for each class of goods/services |
| Surcharge: Free-Form Text | $200 | When you write a custom description of goods/services instead of using the ID Manual | This fee strongly incentivizes using the pre-approved descriptions in the ID Manual |
| Surcharge: Insufficient Information | $100 | If the application is missing basic required data like applicant name or address | This is avoidable by carefully completing all required fields in the application form |
| Surcharge: Excess Characters | $200 | For each 1,000-character block beyond the first in a free-form description | Makes lengthy, complex custom descriptions very costly |
| Intent-to-Use: SOU/AAU | $150 | When an ITU applicant files proof of use (Statement of Use or Amendment to Allege Use) | This is a mandatory step to complete the registration for any ITU application |
| Intent-to-Use: Extension Request | $125 | When an ITU applicant needs more time to file their Statement of Use | Up to five six-month extensions can be requested |
| Maintenance: Section 8 Declaration | $325 | Between the 5th and 6th year after registration to prove continued use | Mandatory filing to keep the registration alive |
| Maintenance: Section 9 Renewal | $325 | Between the 9th and 10th year after registration, and every 10 years thereafter | Mandatory filing to renew the registration for another 10-year term |
Budgeting for the Full Process
The total cost is highly variable. For example, a straightforward, single-class application based on “Use in Commerce” that uses an ID Manual description will cost $350 in government fees.
In contrast, an “Intent-to-Use” application for two classes, where one class requires a custom description, would have an initial filing cost of $350 (Class 1) + $350 (Class 2) + $200 (Free-Form Surcharge) = $900.
This applicant would then need to pay an additional $150 per class ($300 total) when they later file their Statement of Use, bringing the total government fees to $1,200, not including any potential extension fees.
Beyond government fees, applicants should also budget for other potential costs, such as attorney fees for filing and prosecution ($500-$2,000+), additional legal fees if an Office Action response is required, and post-registration trademark monitoring services to watch for infringers, which can cost $300-$500 annually.
The Journey After Filing
Filing the application marks the beginning, not the end, of a lengthy and formal legal process. Understanding the stages of this journey can help set realistic expectations and reduce anxiety.
The USPTO Review Process and Timeline
Once an application is filed and meets the minimum requirements, it’s assigned a serial number and placed in a queue to be reviewed by a USPTO examining attorney. Due to the high volume of applications received by the USPTO, this isn’t a quick process.
The entire timeline from filing to registration typically takes 12 to 18 months, provided no significant legal or procedural issues arise.
| Step | Estimated Time | What Happens |
|---|---|---|
| Application Filed | Month 0 | The application is submitted electronically, receives a serial number, and enters the USPTO system |
| Initial Review & Assignment | Approx. 6-8 months after filing | The application waits in a queue. It is then assigned to a specific examining attorney for substantive legal review |
| Examination & Office Action | Varies | The examining attorney reviews the application for compliance with all legal and procedural requirements. If issues are found, an “Office Action” is issued. If not, the mark is approved for publication |
| Publication for Opposition | Approx. 1-2 months after approval | The mark is published in the weekly Trademark Official Gazette to provide public notice |
| 30-Day Opposition Window | 30 days | Third parties who believe they will be harmed by the registration have a 30-day window to formally oppose it |
| Registration / Notice of Allowance | Approx. 2-3 months after publication closes | If no opposition is filed, a registration certificate is issued for “Use in Commerce” applications. A “Notice of Allowance” is issued for “Intent-to-Use” applications |
Responding to a USPTO Office Action
It’s common for an examining attorney to find issues with an application. When this happens, they’ll send an official letter known as an Office Action that details all legal and procedural problems.
Types of Office Actions: A non-final Office Action is issued when problems are raised for the first time. If the applicant’s response fails to resolve these issues, the examiner may issue a final Office Action, which is more difficult to overcome.
Common Reasons for an Office Action:
Likelihood of Confusion (Section 2(d)): The examiner believes the proposed mark is confusingly similar to a pre-existing registered or pending mark.
Mere Descriptiveness (Section 2(e)(1)): The mark is deemed to merely describe a quality, feature, or ingredient of the goods or services (e.g., “COLD AND CREAMY” for ice cream).
Specimen Refusal: The submitted specimen is unacceptable (it’s a mockup, doesn’t show the mark in use, or doesn’t match the drawing).
Indefinite Identification: The description of goods or services is too vague or broad.
Response Requirements
An applicant must file a formal, written response that addresses every issue raised in the Office Action. The deadline to respond is typically three months from the date the action was issued, though a three-month extension can be purchased for a fee.
Failure to file a complete and timely response will result in the application being declared abandoned, and the filing fee will be forfeited.
Publication for Opposition: The 30-Day Public Review
If the examining attorney finds no issues with the application, or if all issues raised in an Office Action are successfully overcome, the mark is approved for publication. It will then appear in the USPTO’s weekly online publication, the Trademark Official Gazette.
This publication triggers a 30-day window during which any third party who believes they would be damaged by the registration of the mark has the right to formally object. This objection is filed via a “Notice of Opposition” and initiates a formal, complex legal proceeding before the Trademark Trial and Appeal Board (TTAB), which is similar to a federal court trial.
Third parties can also file for an extension of time to oppose, which serves as a warning of a potential conflict.
While formal oppositions are relatively rare—affecting only about 2-3% of all published applications—the opposition period is a critical safeguard in the trademark system. It underscores the importance for existing trademark owners to monitor the TMOG for new applications that may infringe upon their rights.
Success: Receiving Your Electronic Registration Certificate
If the 30-day opposition period passes without any objections, or if an opposition proceeding is resolved in the applicant’s favor, the USPTO will proceed with registration.
Effective May 24, 2022, the USPTO has transitioned to issuing registration certificates electronically. Instead of a paper certificate with a gold seal arriving in the mail, the trademark owner will receive an email notification with a link to view and download a PDF of their official certificate from the Trademark Status and Document Retrieval (TSDR) system.
This electronic document is the official proof of registration. Upon its issuance, the owner is legally entitled to use the federal registration symbol, ®, in connection with the goods and services listed in the registration.
For ITU applications, the process has an intermediate step. After the opposition period closes, the applicant receives a “Notice of Allowance” (NOA). From the date the NOA is issued, the applicant has six months to either file a Statement of Use (SOU) proving that they have begun using the mark in commerce, or file for a six-month extension of time.
Once the SOU is filed and approved by the USPTO, the electronic registration certificate will be issued.
Maintaining Your Federal Trademark Rights
Obtaining a federal trademark registration is a significant achievement, but it’s not the final step. A registration is a living asset that must be actively used and maintained to keep it in force. Failure to comply with post-registration requirements will lead to the cancellation of the mark.
The shift to a fully digital process, with electronic certificates and email communications, increases efficiency but also places a greater burden on the trademark owner. In the past, the arrival of a physical certificate was a tangible milestone.
Now, with notifications arriving via email, the onus is entirely on the owner to proactively monitor their correspondence, keep their contact information updated with the USPTO, and reliably docket critical, multi-year deadlines. A missed email or an outdated address could lead to a missed deadline and the unintentional, irreversible loss of valuable trademark rights.
Your Ongoing Responsibilities as a Trademark Owner
To maintain a federal registration, the owner must periodically file documents with the USPTO to prove that the mark is still in use in commerce for the goods and services listed in the registration.
Between the 5th and 6th Year After Registration: The owner must file a Declaration of Use and/or Excusable Nonuse under Section 8. This is a sworn statement, accompanied by a current specimen showing the mark in use, that affirms the mark’s continued use in commerce. The current filing fee is $325 per class.
Between the 9th and 10th Year (and every 10 years thereafter): The owner must file a Combined Declaration of Use and Application for Renewal under Sections 8 & 9. This filing serves two purposes: it proves continued use (Section 8) and it renews the registration for an additional 10-year term (Section 9). The current combined filing fee is $650 per class ($325 for the Section 8 declaration plus $325 for the Section 9 renewal).
If these mandatory maintenance documents aren’t filed within the specified deadlines (including a six-month grace period for an additional fee), the registration will be cancelled or will expire. The only recourse is to file a brand-new application and start the entire process from the beginning.
Achieving “Incontestable” Status (Section 15)
After a trademark has been registered and in continuous use in commerce for five consecutive years, the owner has the option to file a Declaration of Incontestability under Section 15. This is typically filed along with the first Section 8 Declaration.
Filing for incontestability significantly strengthens the registration. It provides “conclusive evidence” of the registrant’s exclusive right to use the mark, making it much more difficult for others to challenge the validity of the registration in court (subject to certain limited defenses).
The current filing fee for a Section 15 declaration is $250 per class.
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