How to Renew a Trademark: Section 8 and Section 15 Declarations Explained

Getting a trademark registered is only the beginning. Once the USPTO issues your registration certificate, a clock starts ticking on a series of maintenance requirements that most trademark owners don't learn about until they're in danger of losing their mark. Missing these deadlines can result in your registration being cancelled — even if you've been using the mark continuously for decades.

This guide explains every renewal deadline, what you need to file, what it costs, and what happens if you miss a window.

Why Trademarks Don't Last Automatically

Unlike copyright (which lasts for the author's life plus 70 years) or patents (which expire after 20 years), trademark protection is theoretically indefinite — but only if you actively maintain it. The USPTO requires periodic proof that you're still actually using the mark in commerce. A registered trademark that's been abandoned in practice shouldn't continue to block other users, and the maintenance system enforces this principle.

The maintenance filing system is built on two core documents: the Section 8 Declaration (proof of continued use) and the Section 9 Application for Renewal (renewal of the registration term). A third filing, the Section 15 Declaration, is optional but highly valuable.

The Section 8 Declaration: Years 5–6

The first major maintenance filing comes between the 5th and 6th anniversary of your registration date. This is a Section 8 Declaration of Continued Use (or Excusable Nonuse).

To file, you must submit:

• A signed declaration stating the mark is currently in use in commerce (or explaining why it isn't)
• A specimen showing current use — a product label, screenshot of a website, advertising material
• The filing fee (currently $225 per class via TEAS)

If you miss the 5-to-6 year window, you have a 6-month grace period (years 6 to 6.5) to file with an additional $100 per class surcharge. Miss the grace period entirely, and your registration is cancelled.

The Section 15 Declaration: Optional But Powerful

At the same time as your Section 8 filing (or anytime after 5 continuous years of use), you can file a Section 15 Declaration of Incontestability. This is one of the most valuable and underused tools in trademark law.

After a successful Section 15 filing, your mark becomes "incontestable" — meaning it can no longer be challenged on the grounds that it is merely descriptive or lacks distinctiveness. The mark is conclusively presumed valid. This dramatically strengthens your position in any future infringement dispute.

The Section 15 fee is $200 per class. Combined with Section 8, you're looking at approximately $425 per class for the year-5 maintenance window — one of the best investments in your trademark portfolio.

The Section 8 + Section 9 Renewal: Years 9–10

Between the 9th and 10th anniversary of registration, you must file a combined Section 8 and Section 9. The Section 9 is the actual renewal of the registration for another 10-year term.

Requirements are similar to the year-5 filing — a specimen, a declaration of continued use, and fees. After this, renewals repeat every 10 years indefinitely. Each renewal window runs from the 9th to 10th anniversary of the previous renewal (not the original registration date, which matters as the years compound).

What Counts as a Valid Specimen

A specimen is proof that you're actually using the mark in commerce. What the USPTO accepts depends on whether your mark covers goods or services:

For goods: A photo of the mark on the product, product packaging, or a tag/label. Screenshots of e-commerce listings where the mark appears near the product and a "buy" button. The mark must appear on or in direct association with the product itself — a business card or letterhead doesn't qualify for goods.

For services: Advertising materials, screenshots of a website where services are offered under the mark, brochures, or promotional materials. The connection between the mark and the services must be clear.

Common rejection reasons: the mark in the specimen looks different from the registered mark, the mark appears only in the company name rather than on goods/services, or the specimen is undated and the examiner can't verify it's current.

The USPTO Won't Remind You

This is the most important practical point: the USPTO does not send renewal reminders. There is no email notification, no letter, no alert. The responsibility for tracking deadlines rests entirely with the trademark owner.

If you work with a trademark attorney, they will typically track these deadlines as part of their ongoing representation. If you manage your marks yourself, you need a system — a calendar reminder, a docketing spreadsheet, or a trademark management tool — set years in advance.

The TSDR (Trademark Status and Document Retrieval) system on the USPTO website shows your registration date and can help you calculate upcoming deadlines. You can also search tmarkmetric.com by serial number to view filing history for any active mark.

What Happens If Your Registration Is Cancelled

If you miss the maintenance window and the grace period without filing, your registration is cancelled. This means:

• You lose the federal registration and all its benefits (constructive notice, right to use ® symbol, presumption of validity)
• You may retain common law rights if you've been using the mark, but these are geographically limited
• A third party can now register the same or similar mark for the same goods/services
• You would need to file a new application and restart the registration process

Cancelled registrations appear in the USPTO database with a "Cancelled" or "Expired" status. Searching tmarkmetric.com's dead trademark database will surface these marks — useful both as cautionary examples and as research into potentially available marks.

Current USPTO Filing Fees (2025)

Fees are for TEAS (online) filings. Paper filings cost significantly more. Always verify current fees at USPTO.gov before filing.