To renew a trademark with the USPTO, you file a Declaration of Use (Section 8) between the fifth and sixth year after registration, then a combined Section 8 and Section 9 Renewal Application between the ninth and tenth year, and again every ten years after that. Each filing requires a specimen showing you are still using the mark in commerce and a per-class fee. Miss the deadline plus its six-month grace period, and the USPTO cancels the registration.
Your Maintenance Deadlines
- Between years 5 and 6: Section 8 Declaration of Use only.
- Between years 9 and 10: combined Section 8 and Section 9 (first real renewal).
- Every 10 years after (years 19–20, 29–30, and so on): combined Section 8 and Section 9 again.
Each window has a six-month grace period that costs an extra $100 per class.1USPTO.gov. USPTO Fee Schedule – Current The USPTO will not extend these deadlines for any reason.2United States Patent and Trademark Office. Keeping Your Registration Alive
The year 5–6 filing is easy to overlook because it is not called a renewal. It is a use declaration, not a renewal application, but skipping it cancels your registration just the same.
If your U.S. registration came through the Madrid Protocol, you file a Section 71 Declaration of Use in place of the Section 8 on the same schedule, and the renewal itself goes through the World Intellectual Property Organization rather than the USPTO.3United States Patent and Trademark Office. Registration Maintenance/Renewal/Correction Forms
What Section 8 and Section 9 Actually Do
The Section 8 declaration is a sworn statement, made under penalty of perjury, that you are using the mark in commerce for the goods or services listed on the registration.4United States Patent and Trademark Office. Verified Statement The Section 9 renewal application is what actually extends the registration for another ten years. You file Section 8 alone the first time, then Section 8 and Section 9 together from year 9–10 onward.
Section 15: Optional but Worth Filing
If your mark has been in continuous use for five years and sits on the Principal Register, you can also file a Section 15 Declaration of Incontestability. It costs $250 per class and sharply limits the grounds on which a competitor can later challenge your mark’s validity.5United States Patent and Trademark Office. Definitions for Maintaining a Trademark Registration6USPTO.gov. Summary of 2025 Trademark Fee Changes Many owners bundle it with the year 5–6 Section 8 filing since the eligibility windows overlap.
Specimens: Proving You Still Use the Mark
Every maintenance filing needs one specimen for each class in your registration.7United States Patent and Trademark Office. Specimens What counts depends on whether the class covers goods or services.
For goods, the mark has to appear on the product, on its packaging, or on a label or tag attached to it. A webpage screenshot can work if it shows the mark near the product along with a price and an add-to-cart button. Advertising alone is not enough for goods.
For services, advertising is fine. Brochures, business signage, invoices, service vehicles, and website screenshots all qualify, as long as the mark is clearly tied to the services. A website screenshot must display the URL and the access or print date.7United States Patent and Trademark Office. Specimens
Bad specimens are one of the most common reasons filings get rejected. A blurry photo, a missing URL, or an image that doesn’t clearly connect the mark to the goods will trigger an Office Action and slow everything down.8United States Patent and Trademark Office. Responding to Office Actions
Delete Anything You No Longer Sell
Because the declaration is sworn, claiming use for goods or services you have stopped offering is a false declaration that can void your entire registration. Audit your list carefully before filing and remove anything that no longer applies.
Timing matters for cost. Deletions made before you submit the Section 8 are free. Deletions made after submission but before the declaration is accepted cost $250 per class.1USPTO.gov. USPTO Fee Schedule – Current Dropping a class also saves you the per-class filing fee for that class going forward.
If you have paused use of the mark for some goods but intend to resume, you can claim excusable nonuse rather than delete. The declaration has to list the affected goods, the date of last use, when you expect to resume, the reason for the interruption, and the concrete steps you are taking.5United States Patent and Trademark Office. Definitions for Maintaining a Trademark Registration Supply chain problems, regulatory delays, or a natural disaster can qualify. Neglect will not.
Current Fees
All fees are per class of goods or services and reflect electronic filing rates as of March 2026:9USPTO.gov. USPTO Fee Schedule
- Section 8 Declaration of Use (years 5–6): $325 per class
- Combined Section 8 and Section 9 (years 9–10 and every 10 years after): $650 per class
- Section 15 Declaration of Incontestability (optional): $250 per class
- Grace period surcharge: $100 per class on top of the regular fee
A registration with three classes would run $975 for the year 5–6 filing or $1,950 for the year 9–10 combined filing. Add $300 if you file within the grace period. Fees are paid electronically at submission.
Filing Through TEAS
Trademark filings are made electronically through TEAS. Paper filings are accepted only in narrow circumstances, such as filers from countries in the Trademark Law Treaty but not the Singapore Treaty, or certain non-traditional specimens like scent marks.10United States Patent and Trademark Office. USPTO Rule Makes Electronic Filing Mandatory for Trademark Submissions
Before you file, confirm that the USPTO’s records show the correct owner name and address. An ownership change from a sale or corporate restructuring has to be recorded through the USPTO’s Assignment Center first. Address or attorney updates go through a separate Change of Address or Representation (CAR) form in TEAS; the CAR form cannot change the owner’s name.11United States Patent and Trademark Office. Trademark Assignments: Transferring Ownership or Changing Your Name
Foreign-domiciled owners, including those in Canada, must be represented by a U.S.-licensed attorney for all USPTO filings, including maintenance and renewal. The rule has been in effect since August 2019.12United States Patent and Trademark Office. Trademark Rule Requires Foreign-Domiciled Applicants and Registrants to Have a US-Licensed Attorney
The declaration must be signed by someone with authority to bind the owner: a corporate officer, a general partner, someone with firsthand knowledge and authority to act, or the owner’s attorney of record. When you submit, save the confirmation screen and the timestamped email receipt as proof of filing.
After You Submit
Track your filing through the Trademark Status and Document Retrieval (TSDR) system using your registration number.13USPTO – United States Patent and Trademark Office. TEAS FAQs Straightforward filings are usually reviewed within a few months.
If the examining attorney sees a problem, you get an Office Action. The usual culprits are a defective specimen, a mismatch between the specimen and the goods or services listed, or a missing signature. You generally have six months to respond, though the deadline can be shorter if you filed during the grace period.14Federal Register. Withdrawal of Changes to Post Registration Response Deadlines Ignoring an Office Action cancels the registration.
The Random Audit
Even an accepted filing can be pulled for audit. The USPTO’s Post Registration Audit Program targets registrations with at least one class covering four or more items, or at least two classes with two or more items each.15USPTO.gov. Post Registration Audit Program An audit Office Action asks for specimens covering two additional goods or services per class beyond the one you already submitted.16USPTO.gov. What Happens If My Trademark Registration Is Audited If you claimed use for items you are not really using, the audit exposes it, the $250-per-class deletion fee kicks in, and the false-declaration problem remains.
Missing the Deadline
If you file after the six-month grace period, the registration is cancelled or expired. The USPTO has a limited petition process for reinstating certain registrations, but it requires a clear explanation of why you missed the deadline and is not guaranteed. The more common outcome is starting over with a new application, new fees, and a full examination that can take a year or more. If someone else has registered a similar mark in the meantime, you may not get your original rights back at all.2United States Patent and Trademark Office. Keeping Your Registration Alive
Do Not Rely on USPTO Email Reminders
The USPTO sends courtesy email reminders, but they are not guaranteed. If an email bounces or lands in spam, the office generally does not try again, and never receiving one does not excuse a missed deadline.17United States Patent and Trademark Office. Courtesy Email Reminders About Upcoming Registration Maintenance Keep your email address current in TEAS, add the USPTO to your safe sender list, and set your own calendar reminders at least a year before each filing window opens.