The Service
What trademark maintenance actually requires.
A federal trademark registration does not last indefinitely without action on your part. The USPTO requires periodic maintenance filings to confirm you are still using the mark in commerce and to renew your registration. Fail to file by the required deadlines and your registration is cancelled, your federal rights lapse, and the name becomes available for anyone else to claim.
There are two primary maintenance obligations. The first is a Declaration of Use, also known as a Section 8 filing, which must be submitted between the fifth and sixth year after your registration date. This filing confirms to the USPTO that you are still using the mark in commerce. A second opportunity arises between years nine and ten as part of the combined 10-year renewal filing. After that, renewal is required every 10 years.
Missing these deadlines results in cancellation with no automatic reinstatement. While a late filing can sometimes be rescued with a grace period filing and an additional fee, there is no guarantee. Once a registration is cancelled, re-filing means starting over with a new application, a new filing date, and a new examination process. All the priority rights you built with the original filing are lost.
Additionally, between years five and six you have the option to file a Section 15 Declaration of Incontestability. This is not required, but it is one of the most powerful protections available to a trademark owner. Armani advises on whether a Section 15 filing makes sense for your situation and handles it as part of the maintenance process.
What's Included
Full maintenance handled. Nothing falls through the cracks.
Who It's For
For every registered trademark owner with a maintenance deadline approaching.
Trademark maintenance is not optional. Every registered trademark owner will eventually need to file. These are the most common situations.
Process
From deadline reminder to confirmed filing, step by step.
Contact Armani with your registration number and registration date. She will identify which maintenance filings are due, when they are due, and whether a Section 15 incontestability filing makes sense for your situation.
Armani advises on what constitutes an acceptable specimen of use for your goods or services and reviews what you have before submission. A rejected specimen can delay or jeopardize your maintenance filing.
The appropriate maintenance declaration is prepared and filed with the USPTO before the deadline. For combined filings, the Section 8 and Section 9 documents are submitted together along with the USPTO fees.
The USPTO reviews the filing and confirms acceptance. Armani monitors for any follow-up requests from the examiner and handles them promptly. You receive confirmation once your maintenance filing is accepted and your registration is renewed.
Once the current maintenance filing is complete, Armani notes your next renewal deadline and can provide advance notice when that window approaches so future filings are never rushed or overlooked.
Maintenance Schedule
The full USPTO maintenance timeline at a glance.
Every federal trademark registration follows the same maintenance schedule. Here is what to expect and when.
Pricing
Flat fees by filing type. No surprises.
USPTO fees are additional. Government fees for maintenance filings vary depending on the type of filing and the number of classes your mark is registered in. Exact fee amounts are confirmed at the time of engagement. Book a consultation and Armani will provide a complete fee breakdown for your specific registration before any work begins.
FAQ
Questions about trademark maintenance.
If you miss the standard filing window, a six-month grace period is available with an additional USPTO surcharge fee. If you miss both the standard window and the grace period, your registration is cancelled and cannot be reinstated. You would need to file a new trademark application, start a new examination process, and establish a new priority date. All the seniority and rights associated with your original registration are permanently lost. This is why deadline tracking matters so much.
A Section 15 Declaration of Incontestability is an optional filing available once your mark has been in continuous commercial use for five consecutive years since registration. Filing it elevates your trademark to incontestable status, which means your right to use the mark becomes conclusive evidence of ownership and can no longer be challenged on most grounds, including descriptiveness. Incontestable marks are substantially harder for third parties to attack in litigation. Whether it makes sense for your situation depends on how actively you are using the mark and whether you anticipate any challenges to your rights. Armani advises on this as part of the maintenance process.
A specimen is evidence that your mark is being used in commerce in connection with the goods or services it is registered for. What qualifies depends on whether your mark is registered for goods or services. For goods, acceptable specimens typically include product labels, packaging, or a photograph of the mark on the product itself. For services, acceptable specimens include website screenshots showing the mark in connection with the services offered, brochures, or advertising materials. A specimen showing the mark in isolation, such as a logo on a business card without reference to the specific goods or services, is often not acceptable. Armani reviews your proposed specimen before submission to avoid a rejection.
Yes. Armani can handle maintenance filings for any registered trademark, regardless of who filed the original application. You simply need your registration number and registration date. She will review the current status of your registration, identify which filings are due and when, and handle the complete maintenance process from that point forward.
USPTO government fees for maintenance filings depend on the type of filing and the number of classes your mark is registered in. The fees change periodically and vary by filing type. Armani provides a complete cost breakdown including all USPTO fees before any work begins so you know the full cost upfront. There are no surprises after the engagement starts.
The maintenance declaration requires you to confirm that the mark is in current use in commerce. If you have stopped using the mark entirely, you cannot truthfully file the declaration for the classes where use has ceased. In some cases, an excusable nonuse claim may be available if the nonuse is due to special circumstances beyond your control rather than an intention to abandon the mark. If you have partially stopped using the mark, you may be able to delete certain goods or services from the registration and maintain it for the classes where use continues. Armani assesses your specific situation and advises on the most appropriate path before any filing is made.