Fifth Year Trademark Maintenance

Between the 5th and 6th years after registration, you need to prove to the USPTO that you are still using your trademark. You should also file for trademark incontestability at this time. You can learn more about trademark maintenance in our Learning Center.

Our 5th Year Maintenance package includes preparation and filing of your Declaration of Use or Excusable Nonuse and your Declaration of Incontestability. The package also includes government fees for one class of government fees for both filings.

Attorney Fee
$600.00
Government Fees
$325.00
Total $925.00

Attorney
Trademark Serial Number*
Product Name
Classes Government Fees (The USPTO charges $325 per class)
Grace Period Classes (The USPTO charges $100 per class for filing during the grace period)
Have you been using your trademark continuously since it registered?*
- Yes
- No
Would you like to apply for incontestability? (The USPTO charges $250 per class to apply for incontestability)*
- Yes
- No
Trademark incontestability is a legal status a trademark owner can apply for after using the mark continuously for five years in the U.S. It makes the trademark harder to challenge, protecting it from most disputes about its validity (e.g., claims it’s too generic). People apply for it to strengthen their trademark rights and avoid future legal issues. It is not necessary but is recommended.
Incontestability Classes (The USPTO charges $250 per class to apply for incontestability)
How to Submit Proof of Use

For goods, this should be in the form of a label, tag, packaging, or web page that displays the trademark with ordering info.

For services, this should be in the form of a sign, brochure, ad, business card, stationery, or web page that displays the trademark.
Specimen Type*
File*
Drop files here or

Max. file size: 50 MB.
Website*
Would you like to update your address on file with the USPTO?
- No
- Yes
Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
Does the trademark have new owner?
- No
- Yes
Terms of Service*
- I agree
I have read, acknowledged, and agree to Trust Tree's Terms of Service. Having the authority to bind the owner of the aforementioned trademark, I agree to engage Trust Tree to fully represent the trademark owner in matters before the USPTO regarding the aforementioned trademark, and grant Trust Tree authority to take all actions necessary to secure the trademark, including, but not limited to, signing documents submitted to the USPTO on the trademark owner’s behalf.
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Source

Fifth Year Trademark Maintenance

How to Submit Proof of Use

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