Trademark Renewal Attorney Services (Section 8 and Section 9)

Los Angeles Section 8 & 9 Affidavit and Renewal Attorney

Maintaining a federal trademark registration requires strict compliance with USPTO filing requirements and deadlines. Trademark owners must file Section 8 declarations of continued use and Section 9 renewals at specific intervals to keep their registrations active. Our firm assists clients with preparing and filing these documents accurately and on time to avoid cancellation of valuable trademark rights. Our trademark services include ongoing maintenance and renewal filings to protect your rights. We represent businesses throughout Los Angeles and nationwide in trademark maintenance, renewal, and enforcement matters.

Section 8 Declaration of Continued Use

A Section 8 declaration of continued use must be filed with the United States Patent and Trademark Office between the fifth and sixth year after registration. This filing confirms that the trademark remains in use in commerce. If the declaration is not filed on time, the registration will be automatically cancelled.

Section 9 Trademark Renewal

In addition, under Sections 8 and 9 of the U.S. Trademark Act, a combined renewal application and declaration of use must be filed before the end of each ten year period following registration. This filing may be submitted as early as the ninth year. Failure to timely file will result in expiration of the registration and loss of rights.

Risks of Missing Trademark Renewal Deadlines

Missing required maintenance filings can result in cancellation or expiration of a trademark registration. Once cancelled, the mark may become vulnerable to third party use or registration. In most cases, rights cannot be restored and a new application must be filed. Missing required filings can also lead to disputes such as trademark opposition proceedings or enforcement actions.

Why Work With a Trademark Attorney for Renewals

Although renewal filings may appear straightforward, they require careful attention to timing, specimen requirements, and compliance with USPTO rules. Errors or late filings can result in loss of rights. Working with a trademark attorney helps ensure filings are handled correctly and deadlines are met.

Section 15 Incontestability

Further, to strengthen your trademark registration, a Section 15 declaration may be filed to establish “incontestable” rights. An incontestable registration provides conclusive evidence of the validity of the mark and the registrant’s exclusive right to use it in commerce, subject to limited exceptions.

For more information, the USPTO provides additional guidance on trademark maintenance filings.  

If your trademark renewal deadline is approaching, it is critical to act before your rights are lost. Our firm assists clients with preparing and filing Section 8, Section 9, and Section 15 documents to maintain federal trademark registrations. Contact us to ensure your trademark remains active and protected.