Trademark Maintenance and Renewal Filings
Federal trademark registration creates valuable rights, but those rights do not maintain themselves. Registration owners must submit required filings at specific intervals and must accurately identify the goods and services for which the mark remains in use.
Kellam Trademark Law helps registration owners evaluate maintenance requirements, assemble supporting information, and prepare appropriate USPTO filings.
Keeping a Registration in Good Standing
Maintenance filings may require the owner to confirm current use, provide acceptable specimens, remove goods or services that are no longer offered, and verify that ownership information is accurate.
Submitting inaccurate information or missing a filing deadline can jeopardize the registration. A maintenance review should therefore begin well before the applicable deadline.
Maintenance Services May Include
• Reviewing registration status and upcoming deadlines
• Confirming current ownership information
• Evaluating use of the mark for the listed goods and services
• Reviewing specimens of use
• Preparing Section 8 declarations of use or excusable nonuse
• Preparing Section 9 renewal applications
• Evaluating whether a Section 15 declaration is appropriate
• Addressing ownership, name, or registration-record updates
• Responding to post-registration USPTO correspondence
Maintenance Is Also a Portfolio Review Opportunity
A maintenance deadline is a useful time to determine whether the registration still reflects the business. Products and services may have changed, ownership may have moved to another entity, and newer marks may require protection.
Kellam Trademark Law can help identify those issues and develop a practical plan for the next stage of your portfolio.
Frequently Asked Questions
Can I keep goods or services listed if I no longer sell or offer them?
Maintenance filings must accurately reflect the goods and services for which the required use or excusable nonuse can be established.
What if the trademark owner’s name has changed?
The USPTO record may need to be updated. The appropriate filing depends on whether the change is merely a name change or involves a transfer of ownership.
What happens if a maintenance deadline is missed?
The available options depend on the filing and the time that has passed. Contact counsel promptly to determine whether a grace period or another remedy remains available.
Submit Your Filings Before the Deadline
Kellam Trademark Law can help you understand the required filing and prepare the supporting materials.
