U.S. Trademark Renewal Deadlines and Section 8 Maintenance Filings

The first maintenance window: years five to six

Between the fifth and sixth anniversaries of registration, the owner generally must file a Section 8 Declaration of Use or Excusable Nonuse, pay the per-class fee, and provide an acceptable specimen for each maintained class. Failure to file can result in cancellation.

A six-month grace period may be available with an additional fee. Relying on the grace period increases cost and leaves less time to correct a rejected submission.

The first renewal: years nine to ten

Between the ninth and tenth anniversaries, the owner generally files a combined Section 8 declaration and Section 9 renewal application. The filing confirms continuing use or permitted excusable nonuse and requests renewal for another ten-year term.

The same type of combined filing is due in each successive ten-year window, such as years 19–20 and 29–30.

Section 15 incontestability is different

A Section 15 declaration is optional and does not replace the required Section 8 filing. An eligible owner may claim incontestable status after the statutory conditions are met, including continuous use for the relevant period.

Because eligibility depends on the record and other legal conditions, do not treat Section 15 as an automatic reward at the five-year anniversary.

Audit the registration before filing

Confirm the current owner, correspondence information, active classes, listed goods or services, and actual marketplace use. Maintenance filings should not continue to claim items that are no longer in use unless a valid excusable-nonuse basis applies.

Collect current specimens and preserve evidence of use. The USPTO may audit registrations and request proof for additional goods or services.

Build a reliable deadline system

USPTO courtesy reminders are helpful but do not transfer responsibility for the deadline. The owner remains responsible even when no reminder arrives.

• Calendar each opening date, ordinary deadline, and grace-period deadline from the registration date.
• Keep email and postal correspondence information current in the USPTO record.
• Review the official record and current fee schedule at least six months before a window opens.
• File early enough to correct deficiencies before the ordinary deadline.
• Ignore private notices that cannot be verified in TSDR or on an official .gov page.