Trademark Renewal: Deadlines, Costs, and How to Keep Your Registration Active

Trademark Renewal: Deadlines, Costs, and How to Keep Your Registration Active

Here is the short version. Between years 5 and 6 after registration, file a Section 8 declaration of use or excusable nonuse. Then every 10 years, file a combined Section 8 and Section 9 renewal in the 1‑year window before each 10‑year anniversary, or within a 6‑month grace period, with extra fees. Miss those, and the registration dies and cannot be revived. Sources: 15 U.S.C. §§1058–1059; 37 C.F.R. §§2.160–2.183; USPTO post‑registration timeline.

I’ll walk you through the exact windows, what evidence to attach, how incontestability fits in, and the one mistake you can’t fix.

{{IMAGE: Timeline diagram showing year 5–6 Section 8 window, optional Section 15, and each 10-year combined 8/9 window with a 6-month grace period | USPTO maintenance and renewal timeline at a glance}}

What filings are due, and when?

• Years 5–6: File a Section 8 declaration of use or excusable nonuse. There is a 6‑month grace period with additional fees. See 15 U.S.C. §1058 and 37 C.F.R. §§2.160–2.161; USPTO post‑registration timeline.
• Every 10 years: File a combined Section 8 declaration and Section 9 renewal during the 1‑year window before each 10‑year anniversary, or within a 6‑month grace period after, with additional fees. See 15 U.S.C. §1059 and 37 C.F.R. §§2.182–2.183; USPTO timeline.

If you keep making these filings on time and pay the required fees, your U.S. registration can remain in force indefinitely. See 15 U.S.C. §1059.

What is Section 8, and what must I submit?

Up front: Section 8 is about use. You must show the mark is in use on the goods or services in the registration, or explain excusable nonuse.

A complete Section 8 under 37 C.F.R. §2.161 includes:

• A sworn declaration that the mark is in use in commerce for the listed goods or services, or a statement explaining excusable nonuse.
• One acceptable specimen per class showing current use. For goods, think tags, labels, product packaging, or point‑of‑sale pages. For services, think ads, websites, or brochures showing the mark and the services.
• The required government fees, and any grace‑period surcharge if you are filing late within the allowed 6 months.

Need a deeper dive on specimens? See our guide, Trademark Specimens: What the USPTO Accepts and Rejects.

Can I claim excusable nonuse?

Sometimes. Section 8 permits a showing of excusable nonuse in limited situations. You must explain the facts and attach evidence that fits the rule. Examples can include a temporary plant shutdown, import bans, or trade sanctions that make use impossible despite your intent to resume. See 37 C.F.R. §§2.160–2.161.

Hard truth from practice: “We paused marketing” or “We are between versions of the product” usually fails. If the specimen and dates do not square with the claimed period of use or nonuse, the filing will draw an inquiry and can be refused.

What is Section 9, and how does the combined 8/9 work?

Section 9 is the renewal application that keeps the registration alive at each 10‑year mark. The USPTO lets you file a combined Section 8 declaration with the Section 9 renewal in one submission every 10 years. Timing is set by 37 C.F.R. §§2.182–2.183, with a 1‑year filing window before the anniversary and a 6‑month grace period after, subject to surcharges. Substantively, you still must prove use or excusable nonuse for Section 8.

Practical tip: Use the 10‑year combined filing to prune dead wood. If some goods or services are no longer offered, delete them. Keeping dead items invites vulnerability in disputes and audits.

{{IMAGE: Side‑by‑side comparison: Section 8 vs Section 9 vs optional Section 15, showing purpose, timing, evidence, and effect | Maintenance vs renewal vs incontestability in one view}}

Is incontestability worth it, and when can I file Section 15?

If your registration is on the Principal Register and the mark has been in continuous use in commerce for five years, you may file an optional Section 15 declaration of incontestability. See 15 U.S.C. §1065. We usually file it together with the year‑5/6 Section 8, because the timing often lines up. Incontestability does not make you bulletproof, but it cuts off certain challenges to the validity of your registration and strengthens your hand in enforcement.

Two cautions we give clients:

• Section 15 is not available for Supplemental Register registrations.
• If use has not been truly continuous for five years, wait. A shaky Section 15 can be used against you later.

How much are the government fees?

The USPTO charges per class for Section 8, per class for Section 9, and a surcharge if you file in the 6‑month grace period. Amounts change, so always check current USPTO guidance before you file. See USPTO, Keeping your registration alive.

If you file a Section 15, that is a separate government fee. Many owners combine Section 15 with the first Section 8 to save time, but the fees remain separate.

What happens if I miss a deadline?

If you do not file the required Section 8 or combined 8/9 by the deadline, including the 6‑month grace period, the registration will be canceled or expire. There is no reinstatement and no petition to revive. Your only option is to start over with a new application. See the USPTO post‑registration timeline.

Named failure mode from our files: a consumer‑goods brand trusted an old docket in a spreadsheet. They missed the year‑5/6 Section 8 by one week past the grace period. The registration was canceled. We refiled and regained rights later, but they lost their original priority date and spent months rebuilding marketplace tools tied to the old registration. A calendar mistake cost them leverage in a pending distribution deal.

{{IMAGE: Decision flowchart: on‑time filing vs grace‑period filing vs missed deadline, and the resulting status of the registration | What each timing outcome means}}

Does this apply to Madrid Protocol registrations?

Not exactly. The USPTO timeline cited above covers all registrations except Madrid Protocol‑based ones. If your U.S. protection comes through Madrid, you maintain it with a Section 71 declaration instead of Section 8, and you renew through WIPO. The windows and content differ. Start here: Madrid Protocol Section 71 Renewals: US‑EU Compliance 2026.

A simple calendar that works

• Record the registration date. Add two sets of recurring reminders: a 12‑month window before each 10‑year anniversary, and the 5th‑year start date.
• Plan specimens early. Capture dated screenshots or product photos that clearly show the mark with the goods or services.
• Prune your identification. Delete goods or services you no longer offer when you file. It reduces risk.
• Budget for fees per class and for possible grace‑period surcharges.

If you want us to run the calendar, we do this daily. We docket renewals, gather specimens, clean identifications, and file on time.

{{IMAGE: Checklist graphic with boxes for dates, specimens, goods pruning, and fees, aligned to year 5–6 and each 10-year mark | Your maintenance checklist}}

Where should I start today?

• Check your registration certificate for the registration date and classes.
• Create year‑5/6 and 10‑year calendar entries with reminders 90, 60, and 30 days out.
• Audit use. For each class, list the top two products or services that best show current use.
• If your mark is on the Principal Register and in continuous use for five years, add Section 15 to your year‑5/6 plan.

We are an attorney‑led team that files and maintains U.S. registrations every week. If you prefer to hand this off, we can take it from here and keep you on‑calendar.

Related reading:

• How Long Does a Trademark Last? Durations, Renewals, and Deadlines
• Trademark Monitoring and Enforcement: Protecting Your Brand After Registration