What maintenance requires
Trademark renewal involves more than paying a fee. At set points after registration, the owner must file a declaration that the mark is still in use for the listed goods or services, along with a specimen showing current use, and at later intervals that declaration is combined with a renewal application. Grace periods exist for late filings, with an added fee, but once they pass the registration is cancelled and generally cannot be revived; the owner would have to file a new application and give up the original registration date. Goods or services no longer sold should be removed rather than included in the declaration. The specimen has to show the mark as it is actually used in commerce, and a mockup or digitally altered image can create more trouble than a late filing.
Audits and accuracy
The USPTO audits a share of maintenance filings and can require proof of use for additional goods or services. If the owner cannot show use, those items are deleted and further fees may apply. A declaration that knowingly overstates use can be grounds for cancelling the registration. The filing also has to come from the current owner, so if the company has merged, changed its name, or acquired the brand from someone else, the ownership record at the USPTO may need to be updated first.
Watch for misleading solicitations
Owners of registered marks often receive official-looking notices from private companies offering renewal or monitoring services for large fees. These are not from the USPTO, and the office has repeatedly warned owners about them. Real deadlines can be checked directly in the USPTO's records. We review the registration, confirm the deadlines, collect specimens that match current use, and prepare the filings. We also look at whether the registration still covers what the business actually sells today, or whether a new filing would serve it better.
