A trademark registration does not last forever without maintenance. Unlike copyright, which runs for decades without any action required, a registered trademark needs periodic upkeep to stay active. Understanding the trademark renewal process helps you keep your registration current, avoid unnecessary late fees, and protect your brand identity for as long as you want to use it.
This guide covers the full trademark renewal timeline from the first maintenance filing after registration through the ongoing ten-year renewal cycle.
What Trademark Renewal Actually Means
Maintenance vs. Renewal
Two Distinct Filing Types
Trademark maintenance involves two different types of filings that serve different purposes. The Section 8 Declaration of Use confirms that you are still actively using the trademark in commerce. The Section 9 Renewal formally extends the registration for another ten-year period. These are often filed together at the ten-year mark, but the Section 8 Declaration is also required independently between years five and six.
Why the USPTO Requires Ongoing Maintenance
The US trademark system is built on active commercial use. A trademark that is no longer being used in commerce loses its legal basis for protection. The maintenance requirement ensures that the trademark register reflects marks that are actually being used, rather than holding spots for abandoned brands that no longer serve any commercial purpose.
The Complete Trademark Renewal Timeline
| Filing | When It Is Due | Purpose | Fee (TEAS Online, Per Class) |
| Section 8 Declaration of Use | Between years 5 and 6 after registration | Confirms the trademark is in active commercial use | $225 |
| Section 15 Declaration (optional) | After 5 continuous years of use | Establishes incontestable status | $225 |
| Combined Sections 8 and 9 | Between years 9 and 10 (10-year mark) | Use a declaration plus a 10-year registration renewal | $550 |
| Subsequent combined renewals | Every 10 years thereafter | Ongoing renewal of the registration | $550 |
| Grace period filing | Up to 6 months after each deadline | Late filing option with surcharge | $100 extra per class |
Step 1: The Section 8 Declaration of Use
Your First Required Maintenance Filing
What It Requires
The Section 8 Declaration must be filed between the fifth and sixth year after your trademark registration date. It requires a signed statement declaring that the trademark is currently in use in commerce in connection with the goods or services in the registration, along with a specimen showing current use. A specimen is real-world evidence of how the mark is being used, such as a photo of the product with the logo, a screenshot of a website offering the services, or product packaging.
Common Specimen Mistakes
- Using an old product photo that does not show the current use of the mark
- Submitting a mock-up or rendering rather than evidence of actual commercial use
- Providing a specimen for a different product than the one listed in the registration
- Using a decorative use that does not clearly identify the source of goods or services
The USPTO examiner will reject specimens that do not clearly demonstrate current commercial use. A rejected specimen requires a resubmission with the correct evidence, which adds time and potentially additional fees to the process.
Step 2: The Optional Section 15 Declaration
Why This Filing Is Worth Considering
What Incontestability Provides
After five consecutive years of continuous use following registration, trademark owners can file a Section 15 Declaration to achieve incontestable status. Incontestability limits the legal grounds on which competitors can challenge or seek to cancel your trademark. Specific challenges based on descriptiveness, geographic descriptiveness, and certain other grounds that would otherwise be available to opponents are cut off once incontestability is established.
At $225 per class, the Section 15 Declaration is one of the most cost-effective investments in trademark protection available. It does not happen automatically and must be actively filed. Many trademark owners miss this step because it is optional rather than required.
Step 3: The Combined Section 8 and 9 Filing at Year Ten
The Standard Ten-Year Renewal
Filing Both Together
At the ten-year anniversary of the registration date, most trademark owners file the Section 8 Declaration and Section 9 Renewal together in a single submission. The combined online filing fee is $550 per class. This filing serves two purposes: it confirms continued commercial use and formally renews the registration for the next ten-year period.
What the Section 9 Renewal Requires
The Section 9 Renewal itself is primarily an administrative filing that extends the registration. Like the Section 8 component, it requires evidence of continued use in the form of a specimen. The combined filing is processed as a single submission, but the USPTO reviews both components. If either component is deficient, the examination process will require a response.
The Trademark Renewal Process: What to Expect from Submission to Approval
After You File
Initial Review
After submission, the USPTO assigns the filing to an examining attorney who reviews the declaration, the specimen, and the supporting information. This review typically takes two to four months for straightforward filings. If the examiner finds no issues, the filing is approved, and the registration is maintained or renewed without further action required.
Office Actions
If the examiner identifies a problem, whether with the specimen, the description of goods and services, or other aspects of the filing, they will issue an Office Action. An Office Action is a letter explaining the issue and requesting a response. You typically have three months to respond, with one three-month extension available for a fee. Responding correctly to an Office Action is important. Inadequate responses can result in rejection of the filing.
| Stage | What Happens | Typical Timeline |
| Filing submitted | USPTO assigns a filing number, and a confirmation is sent | Same day |
| Initial review | Examining the attorney’s review, declaration, and specimen | 2 to 4 months |
| Office Action (if issued) | Examiner requests clarification or correction | Within the review period |
| Response to Office Action | You must respond within 3 months (extendable) | 3 to 6 months from the Office Action date |
| Approval | Registration is maintained or renewed upon approval | 1 to 2 months after an acceptable filing or response |
| Grace period filing deadline | Final date for late filing with surcharge | 6 months after the official deadline |
What Happens if You Miss the Deadline
The Grace Period and Its Limits
Six Months of Additional Time
The USPTO provides a six-month grace period after each official maintenance and renewal deadline. During this window, you can file the required documents by paying the standard fee plus a $100 per class late surcharge. Your registration remains active throughout the grace period.
After the Grace Period
If both the official deadline and the grace period pass without a timely filing, the USPTO cancels the registration. Cancellation is not a suspension that can be reversed through payment. To restore trademark protection after cancellation, you would need to file a completely new application, go through the full examination process again, lose your original priority date, and pay new filing fees.
Final Thoughts
The trademark renewal process is predictable and manageable when you track your deadlines and understand what each filing requires. The most expensive mistakes are missed deadlines and poorly prepared specimens. Both are avoidable with proper calendar management and attention to what the USPTO actually requires at each stage.
Trademark Tango helps brand owners stay on top of their trademark maintenance obligations from the first renewal filing through every subsequent renewal cycle. If you want support managing your trademark renewal timeline, reach out to us.
FAQs
1. When does the trademark renewal process start?
The first required filing is the Section 8 Declaration of Use, due between years five and six after registration. After that, combined Section 8 and 9 filings are required at every ten-year mark for as long as you want to maintain the registration.
2. What is the trademark renewal timeline for a typical registration?
Year five to six: Section 8 Declaration ($225 per class). Year ten: combined Sections 8 and 9 ($550 per class). Every ten years thereafter: combined Section 8 and 9 renewal ($550 per class). Each deadline has a six-month grace period with a $100 per class late surcharge.
3. What is a specimen, and why does the USPTO require one?
A specimen is real-world evidence showing how the trademark is currently being used in commerce, such as a product photo, packaging, or website screenshot. The USPTO requires it with maintenance filings to confirm the mark is still in active commercial use.
4. What happens if I miss a trademark renewal deadline?
There is a six-month grace period with a $100 per class surcharge. If you miss the grace period entirely, the USPTO cancels your registration. Restoration requires a completely new trademark application, with new fees and the loss of your original priority date.
5. Is the Section 15 Declaration required for trademark renewal?
No, it is optional. But filing it after five consecutive years of continuous use establishes incontestability, which significantly limits the grounds competitors can use to challenge your trademark. At $225 per class, it is generally worth filing.
