Posts Tagged ‘Section 9’

Application for Renewal under §9 of the Trademark Act

Sunday, October 18th, 2020

The previous post discussed filing a Declaration of Use under §8 of the Trademark Act, its importance and when it must be filed. This post will explain when and why it is necessary to file an Application for Renewal under §9 of the Trademark Act.

Simply, an Application for Renewal is a written request, by the trademark owner, submitted to the USPTO to keep the trademark active. The application must be filed within one year prior to the expiration of the registration, or within the six-month grace period after the expiration, which will come with a grace-period fee. However, if the §9 affidavit is not filed before the end of the grace period, the trademark registration will expire.

Every 10 years, the trademark owner must submit a combined Declaration of Use and Application for Renewal filing to the USPTO. The combined filing, along with a supporting specimen must be filed on a date that falls on or between the ninth and tenth anniversaries of registration. Or, for an extra fee of $100 per class, the documentation can be filed within the six-month grace period following the registration expiration date. Following the tenth anniversary of the trademark, the owner must file a §8 and §9 within the 12-month period proceeding every 10-year anniversary thereafter.

The combined filing must include the following: The trademark registration number; the name and address of the current trademark owner and a filing fee of $425 per class of goods or services listed in the registration.

Failure to submit any of the above documentation and supporting evidence will result in a trademark registration cancelation. Once the mark is canceled, the owner cannot have it revived or reinstated and must file a new trademark registration.





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