Even after you have successfully obtained a registered trademark, the Trademark Office is not quite done. After registration of a mark, between the 5th and 6th year of registration, the Trademark Office requires the owner of the mark to file evidence of continued use. As part of this evidence, the owner must file with the Trademark Office, documents commonly known as "Section 8 & 15 Affidavits." The "Section 8" Affidavit basically states that the mark is still being used in connection with the goods, and that the mark has been used continuously since the registration date. The "Section 15" Affidavit makes the owner's right to use the mark "incontestable." It is also a requirement to file a sample specimen with the Affidavit. The current Trademark Office fees associated with the filing of these Affidavits is $100 for the Section 8 Affidavit and $200 for the Section 15 Affidavit. Stoneman Volk Patent Group can prepare and file these documents for you and will quote our fee upon request.

Submission of the Section 8 & 15 Affidavits and specimen is the responsibility of the Trademark owner, not Stoneman Volk Patent Group. However, as a courtesy to our clients, a notice is sent to the owner by our office as a reminder of the approaching filing deadline. Therefore, it is very important that your current contact information be kept up-to-date with our office.

After submitting the "Section 8 & 15 Affidavits" to the Trademark Office, there is nothing remaining to be completed. The registration will continue its term to fruition, i.e., ten years from the registration date. After completion of the ten-year term, if the owner wishes, he may apply for a renewal of the registration, for an additional ten-year term. The current Trademark Office fee associated with Trademark renewal is $400. Again, our firm can prepare and file these documents for you and will quote our fee upon request.

Once again, renewal of the mark registration is the responsibility of the Trademark owner, not our firm. As with the Affidavit filing deadline, our firm, as a courtesy, sends a notice as a reminder of renewal to the owner.

Remember, once the certificate of registration is obtained, the owner of a registered mark should always use the mark as registered and in combination with ®, an uppercase "R" enclosed within a circle.