Continuing Trademark Application

A Continuing Trademark Application is a type of trademark application that is filed to maintain or extend the rights in an existing trademark registration. There are two main types of continuing applications: (1) a Section 8 Declaration of Use, which must be filed between the 5th and 6th year after registration and every 10 years thereafter, attesting to the continued use of the mark in commerce; and (2) a Section 9 Renewal Application, which must be filed every 10 years after registration, requesting to renew the registration for another 10-year term. Continuing applications must be filed with the appropriate fees and specimens of use, and must be submitted before the deadlines to avoid cancellation or expiration of the registration. Continuing applications help to ensure that the trademark register accurately reflects marks that are actively used in commerce and to maintain the value and enforceability of the registrations.