A trademark can last indefinitely. Common law trademark rights last as long as you keep using the mark in commerce, and a federal registration can stay in force forever if you keep using the mark and file the required maintenance documents: a Section 8 declaration between the fifth and sixth year after registration, then a combined Section 8 declaration and Section 9 renewal between the ninth and tenth year and every ten years after that. Miss those deadlines, including the six-month grace period, and the USPTO cancels the registration.
This guide explains how trademark renewal works, what it costs under the current USPTO fee schedule, and how to avoid losing a registration you have spent years building.
Trademark Rights vs. Trademark Registration
It helps to separate the mark itself from its registration. Trademark rights in the United States come from using a mark to identify the source of goods or services. Those common law rights have no fixed expiration date, but they can be lost. Under 15 U.S.C. § 1127, a mark is abandoned when use is discontinued with intent not to resume, and nonuse for three consecutive years is prima facie evidence of abandonment. A mark can also be lost if it becomes the generic name for the goods or services.
A federal registration adds nationwide legal benefits to those rights. Unlike the underlying rights, the registration has fixed maintenance deadlines, and the USPTO enforces them strictly.
The Federal Trademark Maintenance Schedule
Under 15 U.S.C. §§ 1058 and 1059 and the USPTO’s guidance on keeping your registration alive, a registration owner must file:
- Between the 5th and 6th year after registration: a Section 8 declaration of use (or excusable nonuse), with a specimen showing current use for each class
- Between the 9th and 10th year after registration: a combined Section 8 declaration and Section 9 application for renewal
- Every 10 years after that: another combined Section 8 and Section 9 filing, in the year before each 10-year anniversary (years 19 to 20, 29 to 30, and so on)
- Optional, after five consecutive years of use: a Section 15 declaration of incontestability, which is often filed together with the first Section 8 declaration
Each required filing has a six-month grace period after the deadline, but filing during the grace period costs extra. The USPTO sends courtesy email reminders, but they may not always arrive, and the owner remains responsible for meeting every deadline.
How to Renew a Trademark
Whether you handle it yourself or use a trademark renewal service, the process follows the same steps:
- Confirm the deadline. Calculate the filing window from the registration date shown on your certificate or in USPTO records, not from your application or first-use date.
- Confirm current use for each class. The declaration is a sworn statement that the mark is in use in commerce for the listed goods and services. You must delete goods or services you no longer offer rather than claim use you cannot support.
- Gather specimens. Collect current examples of the mark in use, such as product labels, packaging, or website pages where the goods can be purchased, or advertising for the services being provided.
- Check ownership records. If the registration was assigned or the owner’s name changed, record that change so the filing is made by the correct owner.
- File electronically and pay the per-class fees. Combine the Section 8 and Section 9 filings when both are due.
- Watch for a post-registration office action. The USPTO reviews maintenance filings and may reject specimens or request more information. Deficiencies can often be corrected after the deadline, but only within the time set by the USPTO and with an additional fee.
Filing a declaration that claims use for goods or services the mark is not used with can create problems for the registration later, which is one of several mistakes to avoid after trademark registration.
How Much Does Trademark Renewal Cost?
Under the current USPTO fee schedule, which reflects the fee changes effective January 18, 2025, electronically filed maintenance documents cost:
- Section 8 declaration: $325 per class
- Section 9 renewal application: $325 per class
- Section 8 grace period fee: $100 per class
- Section 9 grace period fee: $100 per class
- Section 15 declaration of incontestability: $250 per class
- Section 71 declaration (Madrid registrations): $325 per class, plus $100 per class if filed in the grace period
For a single-class registration, government fees for the first ten years of maintenance total $975: $325 for the Section 8 declaration between years five and six, and $650 for the combined Section 8 and Section 9 filing between years nine and ten. Filing a Section 15 declaration adds $250. A combined renewal filed in the grace period costs $850 per class instead of $650. For the full picture of filing and ownership costs, see how much does a trademark cost.
What Happens If You Miss a Trademark Renewal Deadline?
If the owner does not file an acceptable Section 8 declaration or Section 9 renewal by the end of the six-month grace period, the USPTO cancels the registration (see 15 U.S.C. § 1058). There is no extension of the statutory deadline. To regain federal registration, the owner generally has to file a new application, pay new filing fees, and go through examination again, and the new application will not carry the original registration’s filing date or any incontestable status. If another party has filed for a similar mark in the meantime, the new application may face a conflict.
Cancellation of the registration does not by itself end your common law rights if you are still using the mark, but you lose the nationwide presumptions and remedies that come with federal registration.
Section 15 Incontestability
Under 15 U.S.C. § 1065, a mark on the Principal Register that has been in continuous use for five consecutive years after registration can become incontestable once the owner files a Section 15 declaration within one year after any such five-year period. The owner must also confirm there has been no final decision adverse to its rights and that no proceeding involving those rights is pending. An incontestable registration can no longer be cancelled on grounds limited to the first five years, such as a claim that the mark is merely descriptive, although it can still be challenged at any time as generic, functional, abandoned, or fraudulently obtained. Learn more in what is trademark incontestability.
Madrid Protocol Registrations: Section 71 and WIPO Renewal
If your U.S. protection comes from an international registration extended to the United States under the Madrid Protocol, you file Section 71 declarations with the USPTO instead of Section 8 declarations, on the same general schedule tied to the date the U.S. extension of protection was issued. Renewal works differently: the international registration itself is renewed every ten years directly with the International Bureau of the World Intellectual Property Organization (WIPO), not with the USPTO. U.S. owners with foreign protection through the Madrid system must track both sets of obligations. See our overview of international trademark filing under the Madrid Protocol.
Nonuse, Abandonment, and Excusable Nonuse
Maintenance filings require either use in commerce or a showing that nonuse is due to special circumstances that excuse it. Excusable nonuse is a narrow exception for temporary interruptions outside the owner’s control, not a general way to hold a mark in reserve. Separately, three consecutive years of nonuse is prima facie evidence of abandonment, which a third party can use to seek cancellation. If your business has paused use of a mark, read can you keep a trademark registration if it is not in use and document the reasons for the pause and your plans to resume.
Does a Trademark Renewal Service Make Sense?
For a single registration with a straightforward product line, many owners can file their own maintenance documents. Help from counsel is often worthwhile when a portfolio has many registrations and deadlines, when use has changed or stopped for some goods or services, when ownership has changed through a merger or assignment, when the USPTO rejects a specimen, or when a registration is already in its grace period. A docketing system that tracks every registration date, grace period, and Section 15 opportunity is the simplest protection against an avoidable cancellation.
Frequently Asked Questions
How long is a trademark good for?
A federal trademark registration can last indefinitely if the owner keeps using the mark and files maintenance documents on time. The first Section 8 declaration is due between the fifth and sixth year after registration, and a combined Section 8 declaration and Section 9 renewal is due between the ninth and tenth year and every ten years after that. Common law rights last as long as use continues.
How do I renew a trademark?
Confirm the filing window based on your registration date, verify that the mark is still used for each listed good and service, delete anything no longer offered, and gather current specimens. Then file a combined Section 8 declaration and Section 9 renewal electronically with the USPTO, pay the per-class fees, and respond to any post-registration office action the USPTO issues.
How much does it cost to renew a trademark?
Under the current USPTO fee schedule, a Section 8 declaration costs $325 per class and a Section 9 renewal costs $325 per class, so a combined ten-year renewal costs $650 per class. Filing during the six-month grace period adds $100 per class for each section. An optional Section 15 declaration of incontestability costs $250 per class.
What happens if I miss my trademark renewal deadline?
You have a six-month grace period after the deadline to file with an added fee. If you miss the grace period, the USPTO cancels the registration and the deadline cannot be extended. You would generally need to file a new application and go through examination again, without the original filing date or any incontestable status the old registration had.
Do trademarks expire if they are not used?
They can. Under 15 U.S.C. § 1127, nonuse for three consecutive years is prima facie evidence of abandonment, and an abandoned mark can be cancelled. Maintenance filings also require use in commerce or a showing of excusable nonuse due to special circumstances. Temporary pauses should be documented, with a clear plan to resume use.
Keep Your Trademark Registrations in Force
A registration you have held for years can be lost to a single missed filing. The trademark attorneys at Revision Legal can review your registrations, confirm upcoming deadlines, prepare Section 8, Section 9, Section 15, and Section 71 filings, and address specimen or use issues before they become a problem. Contact us through the form on this page or call (855) 473-8474. Northern Michigan brand owners can also work with a trademark attorney in Traverse City to keep renewals on schedule.
