United StatesUSPTOSection 8 & 15

    Miss your Section 8 window and your US registration is cancelled. File at the 5-year mark.

    Between years 5-6, every US trademark needs a Section 8 Declaration of Continued Use. US-licensed attorneys prepare and file it — and file Section 15 alongside to make your mark incontestable.

    From $250/class GTC service fee · USPTO fees passed through at cost

    A US business owner signing off a trademark maintenance filing

    §8 window tracked

    Filed at year 5

    Made incontestable

    §15 filed alongside

    Filed with the USPTO

    US-licensed attorney

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    How it works

    Three steps to a clean Section 8 filing.

    1

    Send your registration details

    Your USPTO registration number, the classes you still use, and your specimen if ready. An attorney confirms your §8 (years 5-6) window before any work — or payment — begins.

    2

    We prepare and review

    We draft the Section 8 declaration (and Section 15 if you want incontestability), review your specimen, and send a flat-fee quote with the USPTO fee at cost.

    3

    Filed, then diarised

    US-licensed attorneys file with the USPTO — within 3 business days on a direct order — and calendar your year 9-10 renewal so nothing lapses.

    What you need to know

    The §8 filing that keeps your mark alive.

    Key concepts, deadlines, and requirements for maintaining your US registration at the 5-year mark.

    What is trademark maintenance?

    The required Section 8 filing between years 5-6 that proves continued use of your mark.

    • Mandatory to avoid cancellation of your registration
    • Must include a current specimen showing commercial use
    • Filed under 15 U.S.C. § 1058 (Section 8 of the Lanham Act)

    Section 8: Declaration of Continued Use

    A sworn statement with specimen showing your mark is actively used in commerce.

    • Verifies the mark is used for the registered goods/services
    • Specimen must show current, real-world commercial use
    • Unused goods/services must be deleted from the registration

    Section 15: Declaration of Incontestability

    Optional filing that makes your registration conclusive evidence of ownership.

    • Limits cancellation grounds to fraud, abandonment, or genericness
    • Creates a legal presumption of validity and exclusive rights
    • Requires 5 consecutive years of continuous use

    Why file Section 15?

    Substantial legal benefits for a small additional government fee.

    • Nearly unchallengeable — only fraud/abandonment/genericness remain
    • Strengthens your enforcement and licensing position
    • Only $100/class additional USPTO fee alongside Section 8

    Maintenance deadlines

    Critical filing windows you must not miss.

    • Filing window: between years 5-6 after registration
    • 6-month grace period with a $100/class surcharge
    • After the grace period: registration cancelled permanently
    • No reinstatement — you'd need to file a new application

    Specimen requirements

    What the USPTO accepts as proof of continued use.

    • Goods: labels, packaging, product photos, e-commerce screenshots
    • Services: website, advertising, brochures showing the mark in use
    • Must show current use (not historical)
    • Mock-ups and digitally altered images are NOT accepted

    What it costs

    A flat fee, USPTO fees at cost.

    Exactly what US trademark maintenance costs. Our service fee is flat; the USPTO's own government fee is whatever the office charges, passed through at cost.

    Section 8 + Section 15

    Continued use + incontestability

    Recommended

    Service fee from

    $250/class

    + USPTO fee $575/class

    Section 8: $325 + Section 15: $250

    Total for 1 class — from $825

    • Section 8 declaration + specimen prepared and filed
    • Section 15 incontestability filed alongside
    • Goods/services scoped to your current use
    Start this filing

    Section 8 only

    Continued use only

    Service fee from

    $250/class

    + USPTO fee $325/class

    Section 8 declaration only

    Total for 1 class — from $575

    • Section 8 declaration + specimen prepared and filed
    • Attorney-reviewed proof of continued use
    • Goods/services scoped to your current use
    Start this filing

    Fees shown are per class. Late filing during the grace period incurs an additional $100/class surcharge. You get a complete breakdown — service fee and USPTO fee — before any work begins. Post-registration attorney representation is included free for 1 year.

    Get started

    File your Section 8 maintenance

    Send us your USPTO registration number and the classes you still use. We'll confirm your §8 window and email a flat-fee quote.

    No payment required Reply within 1 business dayA GTC attorney reviews it & sends a flat-fee quote.
    1. 01Brand details
    2. 02More details
    3. 03Your details

    Brand details

    1

    Enter the trademark exactly as it appears on your registration certificate.

    2

    You can find this on your registration certificate.

    3

    Enter the number of Nice classes covered by your registration. You can find this on your certificate. USPTO charges per class, so this drives the total. If you're not sure, leave it as 1.

    4

    Required before we file your §8 — you can send it right after submitting.

    5

    If you are only using the trademark for some of the goods/services listed, we may need to delete the unused ones from your registration.

    Why GTC

    An online-first firm, built for USPTO maintenance.

    US-licensed attorneys file

    A US-licensed trademark attorney prepares and signs your Section 8 (and Section 15) declaration and reviews your specimen before filing.

    Every window diarised

    We track the §8 (years 5-6) and §8 & §9 (year 10) windows and remind you well before each, so your registration never lapses.

    One team for the whole portfolio

    The same team maintains your US mark and your marks across 107 offices, all from one account.

    Flat fee, USPTO fee at cost

    A flat attorney fee, with the USPTO government fee passed through at cost and every line itemized before you pay.

    Your Customer Success Team

    A dedicated team that owns your matter from start to finish.

    Every GTC client gets a dedicated Account Manager and a Senior Account Manager who learn your business and stay with you from first email to final filing. They are named people who pick up the phone and already know your matter, so every step moves forward without delay.

    Your Account Manager

    Your day-to-day point of contact, who coordinates every matter, keeps things moving, and already knows your file. They have your full history, so you start every conversation where the last one left off.

    Your Senior Account Manager

    Senior oversight on strategy and escalations, stepping in as your needs grow, so every important detail stays on track.

    A named person, on email or a call, at every step.

    Your dedicated GTC Customer Success Team

    How we compare

    Maintaining your US mark? Here's what sets GTC apart.

    What you get GTC Online filing services Doing it yourself
    A US-licensed attorney reviews the specimen before filing
    Section 8 and Section 15 filed together, correctly
    The §8 (years 5-6) deadline diarised, with reminders
    One team for filings across 107 offices
    A flat fee, with every cost shown up front
    USPTO fees passed through at cost

    A US-licensed attorney reviews the specimen before filing

    GTC
    Online filing services
    Doing it yourself

    Section 8 and Section 15 filed together, correctly

    GTC
    Online filing services
    Doing it yourself

    The §8 (years 5-6) deadline diarised, with reminders

    GTC
    Online filing services
    Doing it yourself

    One team for filings across 107 offices

    GTC
    Online filing services
    Doing it yourself

    A flat fee, with every cost shown up front

    GTC
    Online filing services
    Doing it yourself

    USPTO fees passed through at cost

    GTC
    Online filing services
    Doing it yourself

    The maintenance lifecycle

    What keeps a US registration alive, and when.

    A US trademark is maintained on a fixed cadence. Each filing has its own window — and missing one can end the registration permanently.

    1. Years 5–6

      Section 8 Declaration of Continued Use

      Between the 5th and 6th anniversary of registration, file a Section 8 declaration with a current specimen to prove the mark is still in use. File Section 15 at the same time to make the registration incontestable. Missing this window — and the 6-month grace period after it — cancels the registration permanently.

    2. Years 9–10

      Section 8 & 9 renewal

      Between the 9th and 10th anniversary, a combined Section 8 & 9 filing both proves continued use and renews the registration for another 10-year term. This is the trademark renewal step — distinct from the year 5-6 maintenance filing.

    3. Every 10 years

      Renew indefinitely

      After the first renewal, a Section 8 & 9 filing is due in every following 10-year window. As long as you keep using the mark and file on time, a US registration can be maintained forever.

    In their words

    I've had the pleasure of working with Rajat for many years. He has expertly guided me through the process of registering my company in the USA, Canada, UK, Australia, New Zealand, and more. His deep knowledge of trademark law across jurisdictions is impressive.

    Darius Tay, ID

    ExcellentTrustpilot
    8,113+
    Trademarks filed
    10,747+
    Clients served
    107
    Jurisdictions
    11
    In-house attorneys

    Maintenance questions, answered straight

    Frequently asked questions

    A Section 8 Declaration is a sworn statement filed with the USPTO confirming that your trademark is still being used in commerce for the goods or services listed in your registration. It must be accompanied by a current specimen showing the mark in use. This filing is required under 15 U.S.C. § 1058 (Section 8 of the Lanham Act) and is mandatory to avoid cancellation of your registration.

    Got a USPTO maintenance deadline coming up?

    Free 30-minute maintenance consultation.

    Send us your registration number and a US trademark attorney will pull every maintenance window (§8, §9, §15), calendar them, and quote each filing separately. No obligation.

    GTC trademark attorney on a client consult call

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