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Maintenance Filings
Section §8 - Declaration of Use
5 years after registration, the USPTO requires that a trademark owner submit a Declaration of Use proving that their trademark is being used in commerce in connection with the goods and services listed in the trademark registration.
Section §9 - Renewal of Registration
Within a year of the 10th anniversary of the trademark, a Renewal of Registration must be filed. Proof of continued use of the goods and services must be shown.
The trademark must then be renewed every 10 years thereafter to remain in good standing at the USPTO.
Section §15 - Declaration of Incontestability
Beginning 5 years after registration, the trademark owner can elect to file a Declaration of Incontestability, which adds an additional layer of protection to their trademark registration.
