Trademark Electronic Application System (TEAS) Home Page: REGISTRATION MAINTENANCE/RENEWAL FORMS

1. Combined declaration of use & incontestability under Sections 8 & 15
You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration. You must file the Combined Declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth anniversary date). If you have NOT continuously used the mark in commerce for five (5) consecutive years, you must still file a Section 8 Declaration. You must subsequently file a Section 8 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period). FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.

NOTE: Because the time for filing a ten-year Section 8 declaration coincides with the time for filing a Section 9 renewal application, a combined §§ 8 & 9 form exists, below.

NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

2. Declaration of Use and/or Excusable Nonuse of a Mark under Section 8 (File between the 5th & 6th year after registration)
You must file a Section 8 declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth (6th) anniversary date). FAILURE TO FILE A SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.

NOTE: The combined §§ 8 & 9 form (see below) is due every 10 years after registration.

NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

3. Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9 (File every 10 years after registration)
You must file a Section 8 declaration, specimen, and fee on date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period). Also, you must file a renewal application within the same period (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the registration expiration date). FAILURE TO FILE THIS DOCUMENT WILL RESULT IN CANCELLATION/EXPIRATION OF THE REGISTRATION.

NOTE: Because the time for filing a ten-year Section 8 declaration coincides with the time for filing a Section 9 renewal application, use this combined §§ 8 & 9 form.

NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

4. Declaration of Incontestability of a Mark under Section 15
To claim that a mark registered on the Principal Register is now incontestable, you must file a Section 15 declaration once the mark has been in continuous use in commerce for a period of five (5) years after the date of registration, or date of publication under § 12(c), and the mark is still in use in commerce. (Section 15 does NOT apply to marks on the Supplemental Register). You may file this declaration within one (1) year after the expiration of either any five-year period of continuous use following registration, or any five-year period of continuous use after publication under § 12(c).

NOTE: Because the time for filing a Section 8 declaration coincides with the time for filing a Section 15 declaration of incontestability for many applicants, a combined §§ 8 & 15 form exists, above.

NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

5. Section 7 Request for Amendment or Correction of Registration Certificate
Use this form to submit a request to correct information in a registration certificate, namely, an immaterial error(s) caused by the owner or the USPTO. A request to amend a registration may be submitted to request immaterial changes to the mark and/or other information on the registration certificate.

NOTE: The correction of a USPTO error that would result in a material change to the registration may not be requested through this form. See TMEP Section 1609.10(a) for information on correcting a USPTO error that would materially change the registration.

WARNING: Section 7 only provides for (1) a surrenders of registration; (2) a new certificate due to a change in the owner's name and/or address; and (3) an amendment and/or correction of information printed on the certificate of registration. The issuing of a new certificate, corrected certificate, or an amended certificate are all considered to be "updated registration certificates" (URC's). An URC is only issued as a new certificate when a request for a new certificate is filed and evidence exists of a change in ownership (assignment, merger, etc). If the owner's address and/or the change in the owner's name were merely a change of name (assignment), then the URC is issued as an amended certificate.

If the information being corrected or amended is not on the certificate, it is not processed as a correction or amendment under Section 7. I.e., do not use this form to attempt to make additional information part of the Official record for a registration if no change would result to either the Trademark Database or the certificate of registration (for example, providing information concerning use by a related party or specifying the dates of use for specific goods and/or services within a class.) Such information may be faxed to the Post Registration division at 571-273-9500 for entry into the public record for the registration; however, the Office will neither examine nor act on such submissions.

6. Surrender of registration for cancellation
Use this form to (1) surrender your registration voluntarily for cancellation under Section 7(e) of the Act in its entirety, i.e., as to all classes in the registration; or (2) surrender fewer than all classes in the registration. If a registration is surrendered in its entirety, the USPTO updates its records and sends a notice to the owner of record that the registration is cancelled. If fewer than all classes are being surrendered, the automated records will be updated to indicate the specified classes that have been cancelled.

NOTE: If the registration being surrendered is the subject of a cancellation proceeding before the Trademark Trial and Appeal Board (TTAB), the TTAB will process the surrender in accordance with TBMP &sect602.02(a). For all other registrations, the Post-Registration division will handle the voluntary surrender.

NOTE: A request to surrender a registered extension of protection of an international registration to the United States may be filed either at the USPTO using this form or with the International Bureau.

7. Request to Divide Registration
Use this form to divide a registration based on an application under '1 or '44 of the Trademark Act if ownership of the registration has changed with respect to some but not all of the goods and/or services. For the request to divide to be processed, you must also record an assignment with the Assignment Services Branch and pay the $100 divisional fee for each new registration created by the division. If the request to divide is incomplete, the Post-Registration examiner will issue an Office action requesting the omitted information. If no response is received within six (6) months, the request to divide will be dismissed.

NOTE: A party who requests division of a registration issued under the old United States classification system must agree to adopt the international classification system for both the parent and child registration.

NOTE: The USPTO will not divide a registered extension of protection to the United States unless the International Bureau (IB) notifies the USPTO that the international registration has been divided. Upon notification from the IB, the USPTO will (1) record the partial change of ownership in the Assignment Services Branch; (2) divide out the assigned goods/services from the registered extension of protection (parent registration); (3) issue an updated certificate for the parent registration; and (4) publish notice of the parent registration in the Official Gazette. The USPTO will create a new registration number for the child and enter the information about the new registration into Office records, but will only issue a new registration certificate for the child and publish notice of the child registration once the assignee pays the required fee to obtain the new registration certificate.

8. Section 12(c) Affidavit
Use this form only if your mark originally registered under the prior Trademark Acts of 1905 or 1881 and you now wish to claim the benefits of the Act of 1946. Claiming the benefits of the 1946 Act does not affect or alter the terms of the 1905 or 1881 Act registration. However, to avoid cancellation you must file an affidavit of use or excusable nonuse within the sixth (6th) year after publication of the notice of the Section 12(c) claim in the Official Gazette, or within the six-month grace period after expiration of the sixth (6th) year, and also within one year before the end of each successive ten-year period following the date of registration, or within the six-month grace period thereafter.

9. Declaration of Use and Excusable Nonuse under Section 71
Use this form to submit the required maintenance filings under Section 71 for a registered extension of protection (Madrid Protocol).

You must file a Section 71 declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the date on which the USPTO issues the certificate of extension of protection. No grace period exists for filing the sixth-year Section 71 declaration. You must also file a Section 71 declaration within the six-month period preceding the end of every ten-year period after the date of issuance of the certificate of extension of protection, or for an additional fee of $100 within the three-month grace period thereafter. Failure to file the required Section 71 will result in cancellation of the registration.

NOTE: Unlike §(c)(2) of the Trademark Act, Section 71 does not provide for correction of deficiencies after the expiration of the statutory filing period.

NOTE: The owner of a registered extension of protection of an international registration to the United States must renew the international registration directly with the International Bureau (IB). Under Section 70(b) of the Trademark Act, if the international registration is not renewed, the IB will notify the USPTO that the registration has expired. The USPTO will update its record to expire the corresponding extension of protection to the United States as of the expiration date of the international registration.

NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 71, the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.