Warranty on 5th Gear Grind

Hey everyone, I was just hoping to get some insight on my 09 R3 grinding in 5th. I'm just under 60k kms. Anyway last year I took it to Mazda and they said that they couldn't "replicate" the complaint. So they pretty much blew me off and told me to change the tranny fluid. Which I did. Anyway it's starting to get worse now and i'm just out of the 6 year powertrain warranty. I'm wondering if I were to bring it back to the stealership whether I would be able to complain about it and still have it covered since they have it on record that I complained about it last year and they did nothing.



I even brought in the TSB for it and they didn't care.



Also, should I start skipping 5th? Am I making it worse by using it?



Thanks, any insight is appreciated.