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. Then every 10 years, file a combined Section 8 and Section 9 renewal in the one-year window before each 10-year anniversary, or within a six-month grace period with a surcharge. Keep doing that and a United States registration lasts as long as you use the trademark. Miss a deadline, and the registration is canceled with no way to revive it; you would start again with a new application.

Below are the exact windows, the government fees, what evidence to attach, how incontestability fits in, and the one mistake you cannot fix.

How long does a United States trademark last?

A federal registration in the United States lasts 10 years from the registration date and can be renewed for further 10-year periods without limit, as long as the trademark stays in use and every maintenance filing is made on time. Unlike a utility patent (20 years from filing) or a copyright (the author's life plus 70 years), a trademark has no fixed end. Some of the best-known trademarks on the register have been there for more than a century, and they got there by never missing a filing.

An unregistered (common-law) trademark also lasts as long as you use it, but only in the area where you use it, and with none of the nationwide rights a registration gives you.

What filings are due, and when?

• Years 5 to 6: file a Section 8 declaration of use or excusable nonuse. There is a six-month grace period with a surcharge (15 U.S.C. § 1058; 37 C.F.R. §§ 2.160 to 2.161).
• Every 10 years: file a combined Section 8 declaration and Section 9 renewal during the one-year window before each 10-year anniversary, or within the six-month grace period after it, with a surcharge (15 U.S.C. § 1059; 37 C.F.R. §§ 2.182 to 2.183).

If you make these filings on time and pay the fees, your registration remains in force indefinitely.

How much are the government fees?

The USPTO charges per class:

Over 30 years, a single-class registration costs USD 2,525 in USPTO fees if you file Section 15 at year 5 and every renewal on time:

Our professional fee is on top. The Total for a trademark renewal, including specimen review and the filing, is on the pricing page. A modest budget line every few years is what keeps a brand asset worth far more alive.

What is Section 8, and what must I submit?

Up front: Section 8 is about use. You must show the trademark 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 trademark 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, packaging, or point-of-sale pages. For services, think ads, websites, or brochures showing the trademark with the services.
• The government fee, plus the grace-period surcharge if you are filing late within the six months.

Not sure what counts as a good specimen? Our specimen guide shows 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 include a temporary plant shutdown, import bans, or trade sanctions that make use impossible despite your intent to resume (37 C.F.R. §§ 2.160 to 2.161).

A note from practice: "we paused marketing" or "we are between product versions" usually fails. If the specimen and dates do not match the claimed period of use or nonuse, the filing draws 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 anniversary. The USPTO lets you file the Section 8 declaration and the Section 9 renewal in one submission every 10 years. Timing is set by 37 C.F.R. §§ 2.182 to 2.183: a one-year window before the anniversary and a six-month grace period after, with a surcharge. You still must prove use or excusable nonuse for the Section 8 part.

Practical tip: use the 10-year filing to prune dead wood. If some goods or services are no longer offered, delete them. Keeping dead items invites challenge in disputes and USPTO audits.

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

If your registration is on the Principal Register and the trademark has been in continuous use in commerce for five years, you may file an optional Section 15 declaration of incontestability (15 U.S.C. § 1065). We usually file it with the year 5 to 6 Section 8, because the timing lines up and the combined fee is USD 575 per class. 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 continuous for the full five years, wait. A shaky Section 15 can be used against you later.

What happens if I miss a deadline?

If you do not file the Section 8 or the combined 8/9 by the deadline, including the six-month grace period, the registration is canceled or expires. There is no reinstatement and no petition to revive. Your only option is a new application, with a new filing date and a fresh examination.

An example from our files: a consumer-goods brand trusted an old docket in a spreadsheet. They missed the year 5 to 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 number. A calendar mistake cost them bargaining power in a pending distribution deal.

What else can end a registration?

Missed deadlines are the most common cause, but three others matter:

• Abandonment through nonuse. A trademark is presumed abandoned after three consecutive years of nonuse with no intent to resume (15 U.S.C. § 1127). Abandonment can be raised against you even if every maintenance filing was made.
• Genericization. When a trademark becomes the common name for the product itself, it stops functioning as one. Aspirin, escalator, and thermos all started as brands. Use your trademark as an adjective, not a noun or verb, and act on misuse.
• Naked licensing. Licensing the trademark without quality control over the licensee's goods or services can be treated as abandonment, because the trademark no longer guarantees consistent quality.

Does this apply to registrations through WIPO's Madrid System (the Madrid Protocol)?

Not exactly. The timeline above covers all registrations except those based on an extension of protection through WIPO's Madrid System. If your United States protection comes through an international registration, you maintain it with a Section 71 declaration instead of a Section 8, and you renew through WIPO. The windows and content differ. Start here: our 2026 guide to Section 71 declarations and renewals.

A Simple Calendar That Works

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

If you want us to run the calendar, we do this daily. Our United States trademark maintenance service dockets every deadline, gathers specimens, cleans identifications, and files on time.

Where should I start today?

• Check your registration certificate for the registration date and classes.
• Create year 5 to 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 trademark is on the Principal Register and in continuous use for five years, add Section 15 to your year 5 to 6 plan.

We are an attorney-led team that files and maintains United States registrations every week. If you prefer to hand this off, we can take it from here and keep you on calendar. Other common questions are in our FAQ.

Related reading:

• Trademark Monitoring and Enforcement: Protecting Your Brand After Registration