{"id":4690,"date":"2025-05-09T16:55:52","date_gmt":"2025-05-09T16:55:52","guid":{"rendered":"https:\/\/omnilegalgroup.com\/blog\/?p=4690"},"modified":"2025-08-06T16:42:13","modified_gmt":"2025-08-06T16:42:13","slug":"how-to-avoid-paying-extra-fees-in-connection-with-trademark-registration-maintenance","status":"publish","type":"post","link":"https:\/\/omnilegalgroup.com\/blog\/how-to-avoid-paying-extra-fees-in-connection-with-trademark-registration-maintenance\/","title":{"rendered":"How to Avoid Paying Extra Fees in Connection with Trademark Registration Maintenance"},"content":{"rendered":"

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An important aspect of trademarks that many people may not realize is that they are use-based rights. Basically, this means a trademark is only entitled to be registered if the mark is actually being used. Likewise, a trademark registrant needs to continue to use the mark in commerce in order to maintain registration and must take action to renew a trademark registration<\/a> at specific points in time (e.g., at year 5, 10, 20, and so forth). When reaching these milestones, trademark owners are obligated to submit specimen materials showing that the mark is still in use in interstate commerce.<\/p>\n

For many years, trademark renewals were on a quasi-honor system basis whereby a trademark owner needed only submit one specimen showing use in commerce per each registered class. However, in an effort to crack down on trademark squatting, the United States Patent and Trademark Office (USPTO) is now actively conducting quality checks at random that require trademark owners to submit additional specimen to show that all goods and\/or services in specified classes are still in use.<\/p>\n

In addition, the USPTO instituted a fee to combat trademark squatting. The fee could be considered a quasi-fine. For example, if a trademark owner is required to delete goods, services, or classes in response to a USPTO quality check, the agency will impose a $250 per class fee.<\/p>\n

USPTO Guidance on Trademark Maintenance Fee <\/strong><\/h2>\n

The USPTO advised that there are two ways to avoid paying the $250 fee:<\/p>\n