Trademark Maintenance
Trademark Renewals and Maintenance Filings
A federal trademark can last indefinitely, but only if you keep filing. Miss a maintenance deadline and the USPTO cancels the registration — there is no grace period once the final window closes, and the only way back is to start over.
- Attorney-guided
- Flat fee
- Filing fees included
- Nationwide service
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“Attorney McCarthy is very knowledgeable and supportive during every step of the process.”
A prospective client may not obtain the same or similar results.
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Keep your registration alive
Tell us your registration number. We usually reply the same business day.
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Book a ConsultationYou’re not hiring a filing service.You’re working with an attorney.
Legacy Path Law focuses on nonprofit, business, and intellectual property law. Your matter is handled by an attorney — not simply an online filing platform.
The attorneys who will handle your filing
Founding partners Breanna McCarthy and Channing Thomas handle trademark matters before the USPTO every week. Before private practice, Breanna processed trademark and business filings at the Kansas Secretary of State’s office.
Your application is prepared and filed by an admitted attorney, not a form-filling service.
Trademark Renewal
- Review of your registration and its status
- Confirmation of which filing window applies
- Specimen review for continued use
- Section 8 declaration of continued use
- Section 9 renewal application where due
- Section 15 declaration of incontestability where eligible
- Filing with the USPTO and confirmation
- USPTO filing fee for one class included
Flat fee • USPTO filing fees included • no surprise add-ons
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What this fee does not cover: contested proceedings and litigation. Oppositions, cancellations, and appeals before the Trademark Trial and Appeal Board (TTAB), and any court action, are outside this flat fee and are quoted separately before any such work begins.
Who this is for
A registration is not permanent. It survives on maintenance filings at fixed intervals, and the USPTO does not chase you for them.
You own a registration and intend to keep it.
- Approaching the window between years five and six after registration
- Approaching the window between years nine and ten, then every ten years
- You received a USPTO reminder, or you suspect you should have
- The email address on your registration is out of date or unmonitored
- You want Section 15 incontestability filed alongside the Section 8
This is a different filing.
- You have not registered yet — see trademark registration
- You received a Notice of Allowance, not a renewal notice — see statement of use
- An office action needs answering — see office action response
- Ownership has changed and the record has not — see assignment
- The registration already lapsed — see talk it through
The reminder the USPTO sends is a courtesy to the address on file. The deadline runs whether or not anyone reads it.
The deadlines that matter
Trademark maintenance runs on a fixed schedule tied to your registration date. Each filing has a due window and a short grace period that carries an extra USPTO fee. Once both close, the registration is canceled.
What each filing does
A Section 8 declaration tells the USPTO your mark is still in use in commerce and is due between the fifth and sixth year after registration. A Section 9 renewal extends the registration for another ten years and is due in the ninth-to-tenth year, then every ten years after. A Section 15 declaration is optional but valuable: after five years of continuous use it can make your registration incontestable, which sharply limits the grounds on which someone can later challenge it.
Each filing requires a specimen showing the mark as actually used. Specimen problems are the most common reason a maintenance filing gets refused, and they are entirely avoidable with a review before submission.
Trademark Maintenance Schedule
Where your registration sits determines what is due.
Years 5–6
Section 8 declaration of continued use. Optionally file a Section 15 declaration at the same time to pursue incontestable status.
Years 9–10
Section 8 and Section 9 filed together to renew the registration for a further ten years.
Every 10 years
Section 8 and Section 9 again, in the year before each ten-year anniversary.
Grace periods
A six-month grace period follows each deadline and carries an additional USPTO surcharge. After that the registration is canceled.
Renewal Questions
What happens if I miss a renewal deadline?
Each deadline is followed by a six-month grace period with an additional USPTO surcharge. If that also passes, the USPTO cancels the registration and it cannot be revived — protecting the mark again means filing a new application and losing your original priority date.
Do you handle renewals for marks you didn’t file?
Yes. We regularly take over maintenance for registrations originally filed by another firm or by the owner directly. We review the registration history first so nothing from the original filing causes a problem now.
What is a Section 15 declaration and do I need one?
It is optional. After five years of continuous use, a Section 15 declaration can make your registration incontestable, which significantly narrows the grounds on which it can later be challenged. It is usually worth filing alongside your Section 8.
Does the $1,500 cover more than one class?
The flat fee covers one mark in one international class and includes the USPTO filing fee for that class. Registrations covering multiple classes require additional USPTO fees per class, quoted upfront before any work begins.
How do I find out when my filings are due?
Your registration certificate and the USPTO record both show the registration date, which sets the schedule. Send us the registration number and we will confirm what is due and when.
Does the fee cover an opposition, a cancellation, or a TTAB appeal?
No. The flat fee covers the filing work described above and ordinary examination correspondence with the USPTO. It does not cover contested proceedings — oppositions, cancellations, or appeals before the Trademark Trial and Appeal Board — and it does not cover litigation in any court. Those are adversarial matters with their own timelines and costs. If one arises we will tell you what is happening and quote that work separately, in writing, before it starts.
Choosing the Right Filing Approach
Filing a trademark is not just paperwork. It is a legal process that affects your rights, your brand protection, and your ability to enforce your mark. Lower-cost options can look appealing, but mistakes in the search, the classification, or the filing itself lead to delays, refusals, or lost protection.
| Feature | File It Yourself | DIY Service Platform | Full-Service Law Firm |
|---|---|---|---|
| Cost | Lowest upfront cost | Moderate, with add-on fees | Flat fee, predictable |
| Trademark search | Not included | Limited or automated | Comprehensive legal search |
| Attorney guidance | None | Minimal or optional | Full attorney guidance |
| Application filing | Self-prepared | Guided online forms | Attorney-prepared |
| USPTO compliance | Higher risk of errors | Basic automated checks | Reviewed for compliance |
| Office Actions | Handled on your own | Additional fees to assist | Responses included |
| Best for | Experienced filers | Straightforward applications | Long-term brand protection |
USPTO fees are not refunded when an application fails, and a lost filing date cannot be recovered.
Related Reading
Your Registration Covers What You Listed, Not What You Sell
You Received a USPTO Office Action. What Now?
How to Choose a Trademark the USPTO Will Actually Register
What Clients Say
Client Review
We came to Legacy Path after experiencing significant difficulties with another firm, including important work that had not been properly completed. Legacy Path stepped in, carefully reviewed what had been done, identified the outstanding issues, and took the necessary action to bring the matters to completion.
What impressed me most was their willingness to take ownership of the process. Rather than making excuses or focusing on the problems created by the previous firm, they focused on solutions, communication, and getting the work done correctly.
Their team has been professional, knowledgeable, responsive, and dependable throughout the entire process. After the experience we previously encountered, it was refreshing to work with a law firm that understands the importance of accountability and client service.
I am extremely pleased with the service we received and sincerely appreciate Legacy Path Law Firm for stepping in and successfully completing work that had previously been left unresolved.
I would confidently recommend Legacy Path Law Firm to anyone looking for a legal team that follows through on its commitments and genuinely takes care of its clients."
Client Review
She took the time to explain complex legal matters in plain language, making sure our board understood every step before moving forward. Her work gave us confidence that our organization was structured correctly and positioned for future growth.
I would highly recommend Breanna to any nonprofit or business looking for an attorney who is professional, thorough, and a trusted advisor. We truly appreciate everything she did to help Latino Professionals in Aerospace get off the ground legally and set us up for long term success."
Client Review
What I appreciate most is that she's not only incredibly knowledgeable, but also someone I genuinely trust. Anytime a legal question comes up, she's my first call. She takes the time to explain everything clearly, provides practical advice, and always has my best interests in mind.
Having someone in your corner who is responsive, professional, and truly invested in your success is invaluable. Breanna has been exactly that for me, and I wouldn't hesitate to recommend her to anyone looking for an outstanding attorney."
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Breanna is also thoughtful, strategic, and consistently focused on delivering the highest quality work. I would recommend her without hesitation to any organization seeking exceptional legal counsel."
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Breanna made difficult administrative tasks seem easy, and all of this with a smile. She was a trusted resource for our work, and I'm happy to highly recommend her to others."
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The testimonials on this page reflect the experience of those individual clients. Every matter is different, and a prospective client may not obtain the same or similar results.
Keep the protection you already paid for.
Send us your registration number and we will tell you what is due, when it is due, and what it costs.
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