Federal trademark registrations require two ongoing USPTO filings: a Section 8 Declaration of Continued Use between the 5th and 6th year after registration, and a combined Section 8 + Section 9 Renewal every 10 years thereafter. Missing either filing cancels the registration.
Calendar Section 8 at year 5–6 and Section 9 renewal at year 10, then every 10 years after.
Missing a maintenance deadline cancels the registration automatically — the USPTO sends no warning letter before cancellation.
Pull your USPTO registration certificate and mark all maintenance deadlines in your business calendar today.
A Section 8 Declaration is a sworn filing that confirms a federally registered trademark is still in bona fide commercial use. Under 15 U.S.C. §1058, the declaration is due between the 5th and 6th year after registration, with a 6-month grace period available for a surcharge. Without a timely filing, the registration is automatically cancelled.[1]
The window opens on the 5th anniversary of registration and closes on the 6th anniversary. Filing early — before the 5th anniversary — is not accepted; the declaration must fall within the designated window or during the grace period.
The Section 9 Renewal is the trademark registration’s formal renewal — filed every 10 years to extend the registration for another 10-year term under 15 U.S.C. §1059. At each 10-year anniversary, Section 9 is filed combined with Section 8, so the same specimen and continued-use declaration satisfy both requirements in one combined submission.[2]
| Requirement | Section 8 (stand-alone) | Section 8 + 9 (combined) |
|---|---|---|
| When due | Year 5–6 post-registration | Every 10 years from registration |
| Purpose | Confirm continued use | Renew term + confirm use |
| Typical fee | $225 per class | $525 per class combined |
| Specimen required | Yes | Yes |
| If missed | Registration cancelled | Registration expires permanently |
A federal registration can be maintained indefinitely as long as the owner files Section 8 at year 5–6, then combined Section 8/9 renewals every 10 years, and keeps using the mark in commerce. Missing a renewal terminates federal rights permanently.
A Section 15 Declaration is an optional filing that strengthens a registered trademark after five continuous years of use. Under 15 U.S.C. §1065, once accepted, the declaration makes the registration “incontestable” — protected against most grounds of cancellation, such as challenges that the mark is descriptive or confusingly similar to an earlier mark.[3]
Incontestability does not protect against genericness (a mark that becomes the generic term for the product can still be cancelled), abandonment (three consecutive years of non-use still kills the mark), or fraud in the original application.
Filing Section 15 alongside Section 8 adds roughly $200 per class and converts the registration into a significantly stronger enforcement asset.
The USPTO automatically cancels the registration — no warning letter, no reminder, no second chance beyond the 6-month grace period. Under 15 U.S.C. §1058(a)(3), if a Section 8 or Section 9 filing is not submitted within the statutory window or grace period, the registration is cancelled and the federal rights end permanently.
Missed maintenance is the single most preventable way to lose a trademark. Calendar reminders, docketing services, and trademark maintenance subscriptions all cost less than losing the priority date and having to re-apply.
Standard Section 8 filings run $225 per class at the 5–6 year mark; combined Section 8 + Section 9 renewals cost $525 per class every 10 years. Optional Section 15 Declarations of Incontestability add $200 per class. Grace period surcharges are $100 per class per filing. Attorney fees for preparation are additional if the owner hires counsel.
| Filing | When | USPTO Fee (per class) |
|---|---|---|
| Section 8 Declaration of Continued Use | Year 5–6 | $225 |
| Section 15 Declaration of Incontestability (optional) | Year 5–6 (filed with Section 8) | $200 |
| Combined Section 8 + Section 9 Renewal | Every 10 years | $525 |
| Grace period surcharge | 6 months after each deadline | $100 |
Over a 30-year life, USPTO maintenance fees total roughly $1,700 per class — one Section 8 at year 5–6, one combined 8/9 at year 10, and renewals at years 20 and 30. The cost amortizes to roughly $55 per class per year. A lapsed registration costs the original priority date and often requires a new application at higher fees.
A federal trademark registration is the kind of asset most businesses are thrilled to earn — and then quietly lose because nobody on the team remembered what month of year 6 they were in. The USPTO sends no email reminders. There is no dashboard alert from your trademark lawyer unless you paid them to monitor the file. The calendar is yours to keep.
Nobody talks about maintenance filings because paperwork isn’t sexy. Law firms pitch the original filing; monitoring services pitch the watch; nobody pitches “remember to do the paperwork in five years.” Yet missed maintenance is the single most common way small businesses lose federal trademark protection. Large brands avoid the trap because they have IP teams watching dockets. The $2M-revenue brand that filed one application, got the certificate, and moved on is where maintenance failures concentrate.
Maintenance filings are Responsible Asset-Building at their most boring and most load-bearing. Treating the Section 8 deadline with the same seriousness as filing taxes is what separates brands that still own their trademarks at year 20 from brands quietly filing over again with no priority date.
No — the USPTO does not send reminder notices before Section 8 or Section 9 deadlines. Some registrants hire trademark watch services or docketing firms that track deadlines, and many attorneys send reminders to their clients as a courtesy. But the legal responsibility rests entirely with the registrant, and relying on USPTO notices to cue you is guaranteed to result in cancellation.
No. Once the grace period closes, the registration is cancelled and cannot be revived. The only option is to file a new trademark application, which loses the original priority date and requires the full examination process from scratch. Any goodwill built under the original registration continues as common-law rights, but federal registration must be re-earned from the new filing date.
Yes, if the marks are separately registered in each country. Each national trademark system has its own maintenance schedule and requirements. Marks registered through the Madrid Protocol have a separate renewal schedule administered by WIPO. Small businesses operating primarily in the U.S. usually only track USPTO deadlines, but international portfolios require a global docketing system.
No. A change in the business name or entity structure doesn't pause or waive the maintenance filing deadlines. The registration is tied to the original owner, and ownership changes require an assignment recorded with the USPTO. Skipping maintenance because of a corporate reorganization is one of the most common ways registrations get cancelled during business transitions.
For most owners with marks in continuous use for five years, yes — Section 15 is inexpensive ($200 per class) and meaningfully strengthens the registration against future challenges. Strong marks (fanciful or arbitrary) benefit less because most descriptiveness attacks were already foreclosed at registration. Descriptive marks with acquired distinctiveness gain the most from Section 15.
You can delete goods or services from the registration when filing Section 8, retaining only those still in bona fide use. The registration continues for the remaining goods. This narrowing is routine and doesn't trigger a new application. Listing goods or services that are not actually in use can expose the declaration to fraud claims.
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