Any organization must docket the trademark renewal timeline in the calendar. There are two types of affidavits you need to file at different intervals of time after trademark registration. These varying timeline for each of the below types will be explained in detail. They include:
- Section 8 trademark affidavit or declaration of use.
- Section 9 renewal.
Below is the comparison of section 8 affidavit and section 9 renewal and their respective timelines.
Section 8 affidavit
This affidavit or declaration of use is filed in the following situations.
Section 8 timeline
- You have to file an affidavit between the 5th and 6th years of the trademark registration with USPTO.
- You need to file section 8 between the 9th and 10th years of the trademark registration with USPTO.
- Each successive 10th year thereafter trademark registration.
- 6 month grace period for section 8 affidavit filing with additional fee following the expiration of each of the above timelines.
Requirements for filing
- The trademark is “continued” in-use or excusable non-use;
- Goods and/or services recited in the trademark registration that is in continued use; and
- Specimen showing use for in-use marks.
- The affidavit for some of the goods and/or services registered is allowed due to limited continued use.
Section 9 renewal
This renewal is filed in the following situation.
- You have to file a renewal between the 9th and 10th years of the trademark registration with USPTO.
- Only 6 month grace period for renewal filing allowed. There is an additional filing fee following the expiration of the above timeline.
- Trademark is “continued” in-use or excusable non-use;
- Goods and/or services recited in the trademark registration that is in continued use;
- Goods and/or services that are not listed in trademark registration must not be listed in renewal filing;
- No specimen for renewal filing.is required; and
- Renewal may be limited to some of the goods and/or services due to limited continued use.
Section 8 affidavit fees
- USPTO Section 8 affidavit filing fee is $ 125 per class of goods or services.
- An additional filing fee of $ 100 for 6 month grace period after the expiration of time.
Trademark renewal fees
- Section 9 renewal filing fee is $ 300 per class of goods or services.
- Another $ 100 for filing fee after the expiration of the time for trademark renewal. This grace period is valid until 6 months after the expiration of trademark registration.