Trademark maintenance and renewals

Why maintenance filings matter

Registering your trademark is only the beginning. The USPTO requires periodic proof that your mark is still in use in commerce. Failing to file on time can result in cancellation of your registration, loss of the ® symbol benefits, and weakened enforcement rights.

Section 8 — Declaration of Use (between years 5 and 6)

Your first major maintenance deadline falls between the fifth and sixth anniversary of registration. You must file a Section 8 declaration confirming the mark is still in use in commerce for the covered goods or services, along with a specimen and the required USPTO fee.

Section 8 & 9 — Combined renewal (every 10 years)

Subsequent maintenance combines a Section 8 declaration with a Section 9 renewal application every ten years. This keeps the registration alive for another ten-year term. The USPTO sends reminders, but you are responsible for meeting deadlines even if reminders are missed.

The six-month grace period

If you miss a maintenance deadline, a six-month grace period may allow late filing with an additional surcharge. After the grace period ends, the registration cannot be revived through a standard maintenance filing and may be cancelled.

What you need to file

Maintenance filings typically require confirmation of continued use, an acceptable specimen for each class, identification of goods or services still in use, signed declarations, and USPTO fees per class. If use has stopped for some goods or services, you may need to delete those items from the registration.

Monitoring your deadlines

Track registration anniversaries in your calendar and consider trademark monitoring or docketing services. Many businesses rely on counsel to manage Section 8 and Section 9 deadlines because missing them is irreversible after the grace period.

Frequently asked questions