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A federal trademark registration does not last forever on its own. It must be maintained with specific filings at set intervals, and missing one cancels the registration. We track the deadlines and handle the filings for Minnesota trademark owners.
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Short answer: To keep a federal registration alive you must file a Section 8 declaration of use between the 5th and 6th year after registration, and a combined Section 8 declaration and Section 9 renewal between the 9th and 10th year, then every 10 years after that. Each deadline has a six-month grace period for an added fee. After five years of continuous use you may also file a Section 15 declaration to make the mark incontestable. Twin Cities Trademarks dockets these dates, prepares the filings and reviews your specimens.
| Service | What's included | Fee |
|---|---|---|
| Attorney time (opinions, disputes, oppositions, cancellations, assignments, other services) | Hourly attorney rate | $400 / hour |
| Federal trademark application (one class) | $700 legal fee + $350 USPTO filing fee | $1,050 |
Flat fees as published on our fee schedule. USPTO fees are set by the government and can change. Paying a filing fee does not guarantee registration.
| When | Filing | What it does |
|---|---|---|
| Between years 5 and 6 | Section 8 declaration of use | Confirms the mark is still in use for the listed goods and services. Required. |
| After 5 years of continuous use | Section 15 declaration | Makes the registration incontestable on many grounds. Optional, often filed with Section 8. |
| Between years 9 and 10 | Section 8 and Section 9 combined filing | Confirms use and renews the registration for 10 more years. Required. |
| Every 10 years after | Section 8 and Section 9 combined filing | Keeps the registration in force. Required. |
Each required filing has a six-month grace period after the deadline, with an added government surcharge. After the grace period ends, the registration is cancelled and cannot be revived by a late filing; a new application is needed.
Trademark owners in Minnesota regularly receive official-looking notices from private companies offering renewal or monitoring services at inflated prices. Real USPTO correspondence comes from the uspto.gov domain. When in doubt, send it to a Minnesota trademark lawyer before paying.
If you filed your own trademark or used an online service, we can review the registration, confirm your upcoming deadlines and become your attorney of record for maintenance. This is also a good time to check whether the registration still matches your current products, logo and business structure.
Many Minnesota businesses registered their marks years ago and have since changed owners, addresses, logos or product lines. We help companies across the Twin Cities and Greater Minnesota clean up their records and keep registrations in force, from long-established manufacturers and food producers to restaurants, salons and service companies that registered their first mark five or ten years ago.
A Twin Cities trademark lawyer at our firm can review your full portfolio in one call and tell you exactly what is due and when.
Transparent, flat-fee pricing. Federal applications start at $700 plus the $350 USPTO fee per class. Your Twin Cities trademark lawyer quotes every other service up front, before work begins.
After the first maintenance filing between years five and six, a federal registration is renewed every ten years with a combined Section 8 and Section 9 filing.
A Section 8 declaration is a sworn statement that the mark is still in use in commerce for the listed goods or services, supported by a specimen. It is due between the fifth and sixth year after registration and with every renewal.
A Section 9 application renews the registration for another ten-year term. It is filed together with a Section 8 declaration between the ninth and tenth year after registration and every ten years after that.
A Section 15 declaration can be filed after five consecutive years of continuous use following registration. It makes the registration incontestable on many grounds, which strengthens your rights.
There is a six-month grace period with an added fee. If you miss the grace period, the registration is cancelled and you would need to file a new application.
Generally no. Once a registration is cancelled for failure to file maintenance documents, the usual remedy is a new application, which loses the original registration date.
Yes. Each Section 8 filing requires a specimen showing current use. The USPTO may audit registrations and request proof of use for additional goods or services.
Those goods or services should be deleted in the maintenance filing. Claiming use on items you no longer sell can put the registration at risk.
Costs include USPTO government fees per class plus our legal fee. A Minnesota trademark attorney provides a quote based on the number of classes and filings due.
Private companies send official-looking solicitations to trademark owners. Many charge high fees and are not affiliated with the USPTO. Check that correspondence comes from a uspto.gov address or ask a Minnesota trademark attorney.
No. The USPTO only accepts maintenance filings within the window, such as during the year before the sixth or tenth anniversary of registration.
If the change materially alters the mark, the old registration may not be supported by your current use. We can advise whether to amend, maintain, or file a new application for the new logo.
The USPTO records should be updated, and assignments recorded, before or with the maintenance filing so the correct owner files the declaration.
Yes. Minnesota state trademark registrations also expire unless renewed through the Minnesota Secretary of State. We can track and file those as well.
Yes. For clients whose registrations we docket, your Twin Cities trademark lawyer sends reminders well ahead of each maintenance window.
Yes. A Minnesota trademark attorney can review the registration, confirm the deadlines and handle the maintenance filings as your attorney of record.
Incontestability limits the grounds on which your registration can be challenged, such as claims that the mark is merely descriptive. For an established brand, a Minnesota trademark lawyer will usually recommend filing when eligible.
Yes. The USPTO randomly audits some Section 8 filings and may require extra evidence of use. A Twin Cities trademark lawyer can respond to the audit for you.
Nonuse can lead to abandonment, and three years of nonuse is presumed abandonment. If there were special circumstances, such as a temporary shutdown, an excusable nonuse explanation may be possible.
Call (651) 222-3776 or request a free consultation. A Minnesota trademark lawyer will review your registrations and tell you what is due.
Free consultation by phone, video or in person in St. Paul or Coon Rapids.
Or call (651) 222-3776
Twin Cities Trademarks PLLC · St. Paul & Coon Rapids, MN. This page provides general information, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Fees listed exclude USPTO government fees unless stated and may change; see our pricing page for current figures.
