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Do I need to resubmit the specimen after 5 years?

Written by Jan Buza

Co-founder of Trama

Yes. Between the 5th and 6th year after the registration date, a Declaration of Use must be filed with the USPTO confirming the trademark is still in active US commercial use. The declaration must be accompanied by a current specimen showing the mark in use at that time.

The specimen submitted at the 5-year mark does not need to be the same as the one originally filed; it must simply show the trademark currently in genuine use in US commerce in connection with the registered goods or services. The same requirement applies at each 10-year renewal.

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