A registered trademark does not maintain itself. Keeping your registration active requires completing specific maintenance filings on a defined schedule, and missing these deadlines can result in your registration being cancelled, with no guaranteed path to reinstatement. For most businesses, the trademark registration represents a significant investment of time, legal fees, and brand-building effort. Protecting that investment through timely renewal is one of the most straightforward risk management actions available.
This guide covers the complete trademark renewal process, exactly what filings are required and when, what happens if you miss a deadline, and the practical steps for managing renewal across a trademark portfolio.
Many trademark owners are surprised to learn that the renewal schedule is not simply a ten-year renewal cycle. There is an additional, often-missed maintenance requirement between years five and six after registration that must be completed before the ten-year renewal even becomes relevant. Missing this filing causes the registration to be cancelled well before the ten-year mark, regardless of your intention to maintain the mark. Understanding whether your business name should be trademarked is the first step toward protecting those rights long term.
| Filing | Deadline Window | USPTO Fee (per class) | What Happens If Missed |
| Section 8 Declaration of Use | Years 5 to 6 after registration date | $225 (electronic filing) | Registration cancelled; grace period available |
| Section 15 Declaration of Incontestability (optional) | After 5 years of continuous use | $225 (electronic filing) | No cancellation; mark does not gain incontestable status |
| Combined Section 8 and 9 Renewal | Years 9 to 10 after registration date | $325 (Section 8) + $325 (Section 9) | Registration cancelled; grace period available |
| Subsequent renewals (Section 8 and 9) | Every 10 years after previous renewal | $325 + $325 per class | Registration cancelled; grace period available |
| Late filing grace period | 6 months after each missed deadline | Additional $100 per class surcharge | Final deadline; cancellation is permanent after this |
The Section 8 Declaration of Use, formally called the Declaration of Use and/or Excusable Nonuse, must be filed with the USPTO between the fifth and sixth year after your registration date. It requires you to declare that the mark is currently in use in commerce for the goods and services covered by the registration, and to provide a specimen showing actual current commercial use.
Section 9 is the formal renewal application that extends the trademark registration for another ten-year period. It is typically filed at the same time as the Section 8 Declaration during the year-nine-to-ten window, which is why the combined filing is referred to as a Section 8 and 9 renewal. The Section 9 renewal itself does not require a new specimen, but the accompanying Section 8 declaration does.
All USPTO trademark maintenance filings are completed through the Trademark Electronic Application System (TEAS) on the USPTO website. The TEAS system guides filers through the required information, allows specimen upload, and processes payment. There is no paper filing option for these maintenance documents. The TEAS system is accessible without an attorney, though many trademark owners use their attorney of record for maintenance filings.
If you miss the primary filing window (years 5 to 6 for Section 8, years 9 to 10 for combined renewal), the USPTO provides a six-month grace period during which the filing can still be submitted with an additional late fee surcharge of $100 per class. This grace period is the safety net for genuine oversights. If the grace period also passes without filing, the registration is cancelled.
A cancelled registration means the loss of all federal registration benefits, including the ability to use the registered trademark symbol correctly in commerce, access to federal court for enforcement, and the legal presumption of validity that shifts the burden of proof to challengers. Common law rights based on actual use in commerce may survive, but these are geographically limited and require proof through evidence rather than the presumption that federal registration provides.
The trademark renewal process is not complicated, but it requires consistent attention because missed deadlines are unforgiving. The six-year Section 8 filing and the ten-year combined renewal are the two critical dates around which every trademark owner should build a monitoring system. The cost of the filing is modest compared to the cost of losing a registration that may have taken years and significant legal investment to establish. Knowing how much it costs to trademark a logo also highlights why protecting an existing registration is far more cost-effective than starting over.
Trademark Clutch helps businesses manage trademark maintenance deadlines and complete renewal filings across their entire portfolio. If you want to confirm your trademarks are current or need help with an upcoming renewal, reach out to us.
The first required filing is a Section 8 Declaration of Use between years 5 and 6 after registration. The first combined renewal (Section 8 and Section 9) is due between years 9 and 10. After that, renewals are due every 10 years. Missing the year-five-to-six filing is the most common cause of unintended registration cancellation.
A current specimen showing the mark in active commercial use for the registered goods or services, confirmation that the listed goods and services are still accurate, and payment of applicable USPTO fees. The filing is completed electronically through the TEAS system on the USPTO website.
A six-month grace period is available with an additional late surcharge of $100 per class. If the grace period also passes without filing, the registration is permanently cancelled and generally cannot be reinstated. A new application would be required to re-register.
Yes. The USPTO’s TEAS system is accessible to trademark owners directly and guides you through the required information. Many trademark owners complete their own maintenance filings. Using an attorney is advisable if you have questions about specimen requirements, goods and services descriptions, or if the registration covers multiple classes.
The Section 15 Declaration of Incontestability is an optional filing available after five years of continuous use. It strengthens the legal status of the registration by making certain legal challenges harder to bring. It does not affect renewal and does not prevent cancellation if the Section 8 and 9 filings are missed. It is worth filing if your mark meets the requirements, but it is not a substitute for the mandatory maintenance filings.
