Section 8 and Section 15 Declarations: Maintaining Your Trademark
Your trademark registration is not permanent. Without timely maintenance filings, the USPTO will cancel your registration — and unlike many other legal deadlines, there is no way to revive a cancelled trademark registration for failure to file a Section 8 declaration. Understanding these critical maintenance requirements is essential for every trademark owner.
Why Maintenance Filings Matter
Many trademark owners assume that once they receive their registration certificate, they're protected indefinitely. This is a dangerous misconception.
The USPTO requires affirmative proof of continued use at regular intervals. If you fail to file the required declarations within the filing windows, your registration will be cancelled — regardless of how much you've invested in building your brand.
Pro Tip: The USPTO does not send reminders before maintenance deadlines. Set calendar reminders for all your maintenance filing windows, or use a trademark monitoring service that tracks deadlines automatically.
Section 8: Declaration of Continued Use
A Section 8 Declaration (formally "Declaration of Use or Excusable Nonuse Under Section 8") proves to the USPTO that you are still using your trademark in commerce.
Filing Window and Deadline
| Detail | Information |
|---|---|
| First filing window | Between the 5th and 6th year after registration |
| Subsequent filings | Combined with Section 9 renewal every 10 years |
| Grace period | 6 months after the filing window closes |
| Grace period surcharge | $100 per class |
| Fee per class | $325 per class |
| Consequence of missing | Cancellation — no petition to revive |
*Citation: 15 U.S.C. § 1058 — Duration, Affidavits and Fees*
What You Must Submit
- A specimen showing current use — Same requirements as original specimens. See our Specimen Guide
- A verified statement (declaration) — Signed under penalty of perjury that the mark is in use in commerce
- The filing fee — $325 per class
Partial Use
If you're no longer using the mark on some of the goods/services in your registration, you must delete those goods/services from the registration. You cannot maintain registration for goods/services you're not using.
Section 15: Declaration of Incontestability
A Section 15 Declaration grants your trademark incontestable status — one of the most valuable legal protections available to trademark owners.
What Incontestability Means
An incontestable trademark registration cannot be challenged on most grounds, including:
- Mere descriptiveness (Section 2(e)(1))
- Geographic descriptiveness
- Primarily a surname
This dramatically strengthens your position in court and against challengers.
Requirements
| Requirement | Detail |
|---|---|
| Continuous use | Mark must have been in continuous use for 5 consecutive years after registration |
| No pending proceedings | No final decision adverse to the owner's claim of ownership |
| No successful challenge | No pending or successful challenge to the mark |
| Filing fee | $250 per class |
| Filing window | Any time after 5 years of continuous use |
*Citation: 15 U.S.C. § 1065 — Incontestability*
Benefits of Incontestability
| Protection | Without Incontestability | With Incontestability |
|---|---|---|
| Descriptiveness challenge | Vulnerable | Immune |
| Surname challenge | Vulnerable | Immune |
| Geographic descriptiveness | Vulnerable | Immune |
| Presumption of validity | Basic | Conclusive |
| Court enforcement | Must prove validity | Validity presumed |
| Cancellation grounds | Many available | Limited to specific grounds |
Grounds That Can Still Challenge an Incontestable Mark
Even incontestable marks can be challenged on these limited grounds:
- Fraud in obtaining registration
- Abandonment through non-use
- Genericness — the mark has become the common name for the product
- Functionality — the mark is functional rather than distinctive
- Antitrust violation — mark used to violate antitrust law
Combined Filing Strategy
The most efficient approach is to file Section 8 and Section 15 together during the years 5–6 window, then file combined Section 8 and Section 9 renewals every 10 years.
Trademark Maintenance Timeline
| Year | Filing Required | Fees (per class) |
|---|---|---|
| Years 5–6 | Section 8 + Section 15 | $325 + $250 = $575 |
| Years 9–10 | Section 8 + Section 9 (renewal) | $325 + $325 = $650 |
| Years 19–20 | Section 8 + Section 9 (renewal) | $325 + $325 = $650 |
| Every 10 years after | Section 8 + Section 9 (renewal) | $325 + $325 = $650 |
Pro Tip: Filing Section 15 costs only $250 per class and provides enormous legal benefits. There is no reason not to file it if you qualify. Always file Section 15 combined with your first Section 8 declaration.
What Happens If You Miss the Deadline
Section 8: Cancellation
If you miss the Section 8 filing window (including the 6-month grace period), your trademark registration will be cancelled. Unlike many other USPTO deadlines, there is no petition to revive for a missed Section 8 filing. The registration is permanently lost.
To protect the same mark again, you would need to file an entirely new application and go through the full examination process.
Section 15: Lost Opportunity
Missing the Section 15 filing window is less catastrophic — your registration survives, but you lose the opportunity to claim incontestability. You can still file Section 15 later, but only once you've accumulated another 5 years of continuous use.
Working with GTC
Our trademark maintenance service handles the entire Section 8 and Section 15 filing process:
- Specimen review and preparation
- Declaration drafting
- USPTO filing and monitoring
- Deadline tracking for future maintenance windows
For more on overall trademark renewal strategy, see our guide on trademark renewal deadlines and costs.
*Don't risk losing your trademark registration. Our maintenance filing service ensures every deadline is met. Start Maintenance Filing →*
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