Trademark Renewal Deadlines, Fees, and Section 8 Filings

Trademark renewal keeps your federal registration active by confirming continued use, updating the goods and services covered, and paying the required USPTO fees. The first maintenance deadline arrives between the fifth and sixth anniversaries of registration, followed by renewal between years nine and ten and every tenth year afterward.

Key Takeaways

• File a Section 8 Declaration between the fifth and sixth anniversaries of the federal registration date.
• File a combined Section 8 Declaration and Section 9 renewal between the ninth and tenth anniversaries, then during every successive 10-year period.
• Each filing window has a six-month grace period, but the USPTO charges additional fees for filing during that period.
• You generally need a current specimen for every class and must delete goods or services for which the mark is no longer in use.
• A Section 15 Declaration of Incontestability is optional and does not replace a required Section 8 or Section 9 filing.
• If the grace period expires, the USPTO cancels or expires the registration. The missed maintenance filing cannot revive it.

Trademark Renewal Schedule and Six-Month Grace Periods

Start with the registration date shown on your federal registration certificate and USPTO record. Do not calculate maintenance deadlines from the application date, publication date, first-use date, or the date you began selling under the mark.

For example, the next combined filing after the year 9-to-10 window falls between the nineteenth and twentieth anniversaries. Later windows fall between years 29 and 30, 39 and 40, and so on.

Each normal filing window is followed by a six-month grace period. You may still submit the required documents during that period, but you must pay a surcharge. The grace period does not create a new recurring anniversary. Future deadlines continue to follow the original registration date.

How long does a trademark last under this schedule? A federal registration can continue indefinitely if the owner uses the mark, files accurate maintenance documents, and pays the required fees. This differs from intellectual property with a fixed term, such as the protection explained in how long copyright lasts and design patent term rules.

How to Renew a Trademark With the USPTO

Renewal is more than paying a fee. The USPTO requires the owner to confirm that the mark remains in use for the goods and services kept in the registration. Follow these steps before submitting a maintenance filing:

1. Confirm the registration date and filing window. Review the official registration record and determine whether you need a year 5-to-6 Section 8 filing or a combined Section 8 and 9 filing.
2. Verify the current owner. Check the owner's legal name and entity information. Address assignments, mergers, conversions, or name changes rather than filing under an entity that no longer owns the mark.
3. Audit the listed goods and services. Identify every item for which the mark remains in use. Delete unsupported goods or services instead of signing an inaccurate declaration.
4. Collect current specimens. Prepare evidence showing the mark used in commerce for each class covered by the filing.
5. Complete the electronic form. Use the USPTO's official electronic filing system, select the appropriate post-registration form, and enter the registration number.
6. Sign and pay. An authorized person must verify the declaration. Fees apply per class, so confirm the number of maintained classes before paying.
7. Save the receipt and monitor the record. A submission receipt does not necessarily mean the USPTO has accepted the filing.

The USPTO may accept the filing or issue an Office Action requesting clarification, corrected information, or additional proof. Monitor the registration after submission and respond by the deadline stated in any USPTO correspondence. Keep your email and correspondence information current, but do not rely exclusively on receiving a reminder.

Section 8, Section 9, and Optional Section 15 Filings

A Section 8 Declaration tells the USPTO that the registered mark is currently used in commerce for the identified goods or services. The owner files it once between years five and six and again as part of each 10-year renewal. If the mark is temporarily unused, the owner may seek to establish excusable nonuse instead of claiming current use.

Excusable nonuse requires more than weak demand or a voluntary business pause. The declaration must explain the circumstances preventing use, when use stopped, steps being taken to resume it, and when use is expected to resume. The interruption must be temporary and generally outside the owner's control. An inaccurate nonuse claim can place the registration at risk.

Section 9 is the application to renew the registration. It is not required during the initial year 5-to-6 window. It is filed with Section 8 between years nine and ten and during every later 10-year renewal window.

Section 15 is different. An eligible owner may file a Declaration of Incontestability after five consecutive years of continuous use following registration. Among other requirements, there cannot be a final decision adverse to the owner's claim or a pending proceeding involving those rights, and the mark cannot be generic. Incontestability can make certain aspects of the registration more difficult to challenge, but statutory defenses and other challenges remain available.

Section 15 is optional. It does not extend the registration, replace Section 8, or excuse a missed renewal. Eligible owners often submit Sections 8 and 15 together for convenience, but each declaration has separate legal requirements and fees.

Specimen and Continued-Use Requirements for Each Class

A maintenance specimen must show current commercial use of the registered mark in connection with the goods or services covered by the filing. Submit at least one acceptable specimen for each class, although the USPTO may request proof for additional listed items.

For goods, useful specimens may include labels, tags, packaging, or photographs showing the mark on the goods. A webpage may qualify when it displays the mark with the goods and provides purchasing or ordering information. A drawing of the mark, mock-up, printer's proof, or promotional material that does not show use as required is generally insufficient for goods.

For services, a webpage, advertisement, brochure, or other material may work if it directly associates the mark with the identified services. The specimen should let the reviewer understand the nature of the services without making unsupported assumptions. Preserve the webpage address and access date when submitting an online specimen if the form requests them.

Use the registered mark consistently. Minor changes may be acceptable when they do not materially alter the mark's commercial impression, but a substantially redesigned logo can create maintenance problems. If your business adopts a materially different design, you may need a new application. Owners developing a new design can review the basic considerations for using trademark symbols while deciding how to present the mark.

Do not reuse an old image merely because it was accepted with the original application. The evidence should reflect actual use during the relevant maintenance period. Retain dated packaging, labels, advertisements, invoices, and website records as part of your ongoing trademark file.

Trademark Renewal Cost and Per-Class Fees

USPTO post-registration fees are assessed per class. Under the USPTO fee schedule effective January 18, 2025, a Section 8 Declaration costs $325 per class, a Section 9 renewal costs $325 per class, and a combined Section 8 and 9 filing therefore costs $650 per class. An optional Section 15 Declaration costs $250 per class.

A three-class registration would therefore have a $1,950 government fee for an on-time combined Section 8 and 9 filing. Legal fees, ownership-recording costs, or charges arising from an Office Action would be additional. Fees can change, so confirm the USPTO's current fee schedule immediately before filing.

If you are uncertain whether specimens support every class, whether nonuse is excusable, or whether ownership records match the actual owner, you can post your legal need on UpCounsel's marketplace. A trademark lawyer can audit the registration, identify deletions, evaluate specimens, prepare the correct declaration, and respond to post-registration issues. Responses typically arrive within a day, which can be useful when a normal filing window or grace period is close to expiring.

Post-Registration Audits and Deleting Unused Goods

The USPTO's post-registration audit program tests whether registrations accurately identify goods and services that remain in use. A registration may be selected after the owner submits a Section 8 or Section 71 declaration containing multiple goods, services, or classes. Selection does not necessarily mean the owner did anything wrong.

During an audit, the USPTO may require evidence for additional goods or services beyond those supported by the original specimens. The owner must provide acceptable proof or delete unsupported items. The examiner may broaden the inquiry if a response reveals that other listed items may not be in use.

Conduct your own audit before signing. Compare the registration line by line against current products, packaging, sales channels, and service offerings. Do not assume that use for one item preserves every broad or related item in the same class. A class is an administrative grouping, not proof that the mark is used for everything listed within it.

Delete goods and services that you no longer sell or provide under the mark. If use stopped only temporarily, examine whether the strict excusable-nonuse requirements apply. Do not claim use based solely on plans to relaunch, internal preparations, token transactions, or use by an unrelated party.

The USPTO may charge a deletion fee when an owner removes unsupported goods or services after submitting a maintenance filing, including in response to an audit. Reviewing the registration before filing can reduce that risk. It also prevents an overbroad sworn declaration from undermining the registration's reliability.

Missed Deadlines, Renewal Scams, and a Maintenance Calendar

If you miss the normal deadline, file during the six-month grace period and pay the required surcharge. Once that period ends, the USPTO cancels or expires the registration for failure to submit the required maintenance documents. The USPTO does not revive a registration canceled because the owner missed these statutory filing requirements.

To regain federal registration, you generally must submit a new application. The new application receives a new filing date and undergoes examination like any other application. Another party may have filed for a conflicting mark in the meantime. Cancellation of the federal registration does not automatically decide every common-law right, but it removes the registration and its associated federal benefits.

Build a maintenance calendar when the registration issues. Record the opening date, ordinary deadline, and grace-period deadline for each filing. Add reminders at least 12 months, six months, and 90 days before the ordinary deadline. Assign responsibility to a named employee or attorney, and include trademark review in ownership changes, acquisitions, licensing arrangements, and product discontinuation decisions.

Maintenance also includes monitoring marketplace use and controlling the quality of goods or services provided by licensees. Preserve specimens every year rather than searching for evidence shortly before a deadline. If your business manages other recurring entity filings, use a separate calendar for obligations such as LLC renewal requirements, because state entity deadlines do not replace federal trademark deadlines.

Finally, treat private renewal solicitations cautiously. Official-looking letters may come from companies unaffiliated with the USPTO and may charge service fees that exclude government fees. Verify the sender, registration record, deadline, and total price before paying. File through the USPTO's official system or use a lawyer you have independently selected.

Frequently Asked Questions

How Do You Renew a Trademark Owned by a Company That Changed Its Name?

You should reconcile the ownership record before or with the maintenance filing, depending on the type of change. A simple company name change differs from an assignment to a separate legal entity. Gather the formation, conversion, merger, or assignment documents so the filer can establish who currently owns the registration and who has authority to sign.

How Long Do Trademarks Last If the Business Closes?

A registration does not remain valid merely because its maintenance deadline has not arrived. Trademark rights depend on use, and closing the business may create abandonment issues if use ends without an intent to resume. A sale of the mark also requires transfer of the associated goodwill, not just the registration certificate or logo file.

How Long Is a Trademark Good for After an Ownership Transfer?

An ownership transfer does not reset the registration's maintenance schedule. The new owner inherits the existing anniversary dates and should immediately review upcoming deadlines, recorded ownership information, specimens, license arrangements, and the goods and services still in use. Due diligence should also confirm that the transfer included the goodwill associated with the mark.

How Do You Trademark a Logo That Has Changed Since Registration?

You may need a new application if the updated logo materially changes the commercial impression of the registered design. Small alterations may not require a new registration, but substantial changes to wording, dominant imagery, or overall appearance can prevent the new logo from supporting maintenance of the old registration. Compare both versions before submitting a specimen.

How Much Does It Cost to Renew a Trademark With Multiple Owners?

The number of owners does not determine the USPTO renewal fee. Government fees are based primarily on the filing and number of classes maintained. Multiple owners can create separate costs if the ownership record is inaccurate, an assignment must be recorded, consent is disputed, or legal work is needed to determine who may sign the declaration.

Can I Renew My Trademark Online From Outside the United States?

You can submit electronic maintenance filings from outside the United States, but foreign-domiciled trademark owners generally must be represented before the USPTO by a U.S.-licensed attorney. The attorney can verify the correct owner, communicate with the USPTO, sign where authorized, and address any Office Action resulting from the filing.