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Post Registration Timeline for all Registrations except Madrid Protocol-Based Registrations

Place your mouse over the steps for more information on each step.



Step 1. Mark registers: After a registration issues, to keep the registration “alive” or valid, the registration owner must file specific documents and pay fees at regular intervals. The deadlines for filing these documents are calculated from the registration date shown on the registration certificate. Failure to file these documents will result in the cancellation and/or expiration of your registration. The USPTO does not issue reminders of these deadlines. Go to step 2 for required post registration documents and go to step 2a for optional post registration documents.

Step 2. Required post registration documents: The following documents must be timely filed to maintain a registration. Go to step 3.

Step 2a. Optional post registration documents: The following documents are not mandatory to maintain a registration. For optional documents that may be filed anytime go to step 3a and for optional documents that may be filed every 5 years or more go to step 4a.

Step 3. Section 8 declaration: Between the 5th and 6th year after the registration date the owner must file a Declaration of Use or Excusable Nonuse under Section 8. This declaration requires a fee. The filing may also be made within a 6-month grace period after the expiration of the 6th year with the payment of an additional fee. Failure to file this declaration will result in the cancellation of the registration. The USPTO does not issue a reminder of these deadlines. The Section 8 declaration may be combined with an optional Section 15 declaration of incontestability. Go to step 4.

Step 3a. Ownership change and Section 7(d) request for new registration certificate: An owner may transfer or assign a registered mark to a new owner. The new owner is encouraged to record the assignment with the USPTO. If the owner would like a new registration certificate, the owner must submit a separate request showing that the assignment has been recorded with the USPTO. A fee is required. Go to Step 3b.

Step 3b. Section 7(e) voluntary surrender of registration: The owner of a registration may voluntarily surrender the registration, in its entirety or for a portion of the goods and/or services. No fee is required. Go to Step 3c.

Step 3c. Sections 7(g) and 7(h) amendment and correction of registration: A registration owner may file a Section 7 request to amend or correct the registration at any time. The amendment may not materially alter the mark or broaden the goods and/or services. A fee is required, except for corrections due to USPTO error.

Step 4. Combined Section 8 declaration and Section 9 renewal: Between the 9th and 10th year after the registration date and every 10 years thereafter, the owner must file a Combined Declaration of Use or Excusable Nonuse and Application for Renewal under Sections 8 and 9. This filing requires a fee. The filing may also be made within a 6-month grace period after the 10th year with the payment of an additional fee. Failure to file this declaration will result in the cancellation and/or expiration of the registration. The USPTO does not issue a reminder of these deadlines.

Step 4a. Section 15 declaration of incontestability: A Section 15 declaration may only be filed for a mark on the Principal Register that has been in continuous use in commerce for a period of 5 years after the date of the registration and there is no adverse decision(s) or pending proceeding(s) involving rights in the mark. “Incontestability” enhances the legal presumptions the registration receives. This declaration requires a fee.

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Last Modified: 10/5/2012 3:12:00 PM