Renewals & the Section 8 and 15 Affidavit

filing a section 8 and 15 affidavitA federal registration is good for 10 years and is renewable every 10 years for as long as it remains in use. However, there are certain filings you need to periodically make in order to maintain the registration.

Section 8 and 15 Affidavit:

Between the fifth and sixth year anniversaries of the initial registration, you must file an Affidavit of Continued Use under § 8 of the Lanham Act (with a specimen of current use), in order to keep the registration alive. At the same time, you may also file another affidavit with a claim of incontestability, if there are no then-current challenges upon your registration. Incontestable status may, among other things, prevent attacks on your registration based on claims of priority. If you do not file the § 8 affidavit timely, you will have a further six-month grace period for filing, provided you pay an additional fee.

  • Pricing: $250, Plus PTO fees 

Renewal and Section 8 Affidavit:

During the ninth year following registration, you must again advise the United States Patent and Trademark Office that the mark is still in use if you intend to renew it. Otherwise, the registration will be canceled at the expiration date. The § 8 affidavit may be combined with the renewal application. Both renewals and Section 8 filings require an additional filing fee to maintain.

  • Pricing: $250, Plus PTO fees 

Kunkle Law, PLC can assist you with these any other administrative filings (change of address, change of ownership, etc.) Please call us today for more information.