A federal trademark stays alive only if you keep filing. The trademark renewal schedule and fees set by the USPTO require a Declaration of Use between the fifth and sixth anniversaries of your registration ($325 per class of goods or services), a combined Declaration of Use and Renewal Application between the ninth and tenth anniversaries ($650 per class), and the same combined filing every ten years after that. Miss a window and you get a six-month grace period with a surcharge; miss the grace period and the registration is canceled with no way to revive it.1United States Patent and Trademark Office. Maintaining Your Federal Registration
The Filing Schedule
Every deadline runs from your original registration date, not your application date.
Years Five Through Six
Your first required filing is a Section 8 Declaration of Use, due in the one-year window between the fifth and sixth anniversaries of registration. It is a sworn statement that the mark is still being used in commerce for the goods or services in the registration. If you don’t file, the USPTO cancels the registration outside of the grace period discussed below.2United States Patent and Trademark Office. Registration Maintenance, Renewal, and Correction Forms
Years Nine Through Ten
Between the ninth and tenth anniversaries you file a combined Section 8 Declaration of Use and Section 9 Renewal Application. The Section 8 portion again proves continued use. The Section 9 portion renews the registration for another ten years.3United States Patent and Trademark Office. Post-Registration Timeline
Every Ten Years After That
The combined Section 8 and Section 9 filing repeats in every successive ten-year window: years 19 to 20, years 29 to 30, and so on. There is no cap. As long as you keep filing and keep using the mark, the registration continues indefinitely.4Office of the Law Revision Counsel. 15 USC 1059 – Renewal of Registration
What Each Filing Costs
USPTO fees are charged per class of goods or services in the registration:
- Section 8 Declaration of Use, years 5 to 6: $325 per class
- Combined Section 8 and Section 9, years 9 to 10 and every ten years after: $650 per class
A registration covering three classes, for example, costs $1,950 at each ten-year renewal.5United States Patent and Trademark Office. Trademark Fee Information
If you file during the six-month grace period after a missed window, add a surcharge for electronic filings: $100 per class on top of the Section 8 fee, or $200 per class on top of the combined Section 8 and 9 fee. A combined renewal during the grace period runs $850 per class instead of $650.6United States Patent and Trademark Office. USPTO Fee Schedule
What You Have to Submit
Each maintenance filing requires two things: a verified statement under penalty of perjury that the mark is in use in commerce with the specific goods or services listed, and a specimen showing that use in the real world.7Office of the Law Revision Counsel. 15 USC 1058 – Duration, Affidavits and Fees
For goods, acceptable specimens include product labels or tags showing the mark attached to the product, packaging displaying the mark, or a webpage screenshot of a product listing that shows the mark alongside a price and a way to order. For services, the specimen must show the mark used in connection with selling or advertising the services: a business website screenshot, a brochure, a print ad, or a photo of signage where the services are provided. The specimen has to connect the mark to the specific goods or services in the registration.8United States Patent and Trademark Office. Specimens
Drop Goods or Services You No Longer Use
If you’ve stopped using the mark on some items in the registration, delete them when you file your maintenance documents. You cannot claim use for products you’ve discontinued, and a false declaration can lead to cancellation and other legal consequences. There is no fee for removing goods or services as part of the initial Section 8 filing.9United States Patent and Trademark Office. Keeping Your Registration Alive
Timing matters. If you file first and then try to delete items before the filing is accepted, the USPTO charges $250 per class for those deletions. Fail to pay when prompted and the entire registration is canceled, not just the classes you wanted to drop.6United States Patent and Trademark Office. USPTO Fee Schedule Review actual usage carefully before you submit and cut anything you’re no longer using in the same filing.
Missing a Deadline
The Six-Month Grace Period
Miss a filing window and the USPTO gives you an extra six months. You pay the regular fee plus the grace period surcharge described above.6United States Patent and Trademark Office. USPTO Fee Schedule
After the Grace Period
If the grace period passes without a filing, the registration is canceled or expired. There is no appeal, no petition to revive, and no way to undo it. One day late past the grace period and the federal registration is gone.9United States Patent and Trademark Office. Keeping Your Registration Alive
Losing federal registration means losing the legal presumption of nationwide ownership, the ability to use the ® symbol, the right to bring an infringement claim in federal court based on the registration, and access to enhanced remedies like statutory damages. You keep common law trademark rights in the geographic areas where you have actually been using the mark, but those rights are far more limited and harder to enforce. The only way back is a brand-new application with a new filing date, and if another business began using a similar mark during the gap you could face a likelihood-of-confusion refusal. Your original priority date is gone for good.
If You’re Not Currently Using the Mark
If the mark is not in use but you haven’t abandoned it, you may be able to file a declaration of excusable nonuse instead of a standard Declaration of Use. The statute requires you to show that nonuse is due to special circumstances and not due to any intention to abandon the mark. Natural disasters, active litigation preventing use, government-imposed trade embargoes, and temporary shutdowns for retooling generally qualify. Ordinary business decisions, decreased demand, or using the mark abroad but not in the United States generally do not. You will need to explain the reason, state when you last used the mark, estimate when use will resume, and describe the steps you are taking to get back into commerce.7Office of the Law Revision Counsel. 15 USC 1058 – Duration, Affidavits and Fees
Foreign Owners and Madrid Protocol Registrations
If you are domiciled outside the United States, you must hire a U.S.-licensed attorney to handle all USPTO filings, including maintenance and renewal. This applies to individuals living abroad and to companies headquartered outside the U.S., including Canadian entities. Filing without an attorney will trigger an office action, and failing to appoint one within the response period will result in cancellation of the filing.10United States Patent and Trademark Office. Trademark Rule Requires Domicile Address for All Filers
Trademarks registered through the Madrid Protocol follow the same 5-to-6, 9-to-10, and every-ten-years schedule, but the filing is a Section 71 Declaration of Use rather than a Section 8. Miss it and the U.S. protection of the international registration is invalidated.11United States Patent and Trademark Office. Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Tracking Your Deadlines
The USPTO’s free Trademark Status and Document Retrieval (TSDR) system will show your next required filing and its deadline once you enter your registration number and click Maintenance.12United States Patent and Trademark Office. Checking the Status of a Trademark Application or Registration
The USPTO also sends courtesy email reminders to the addresses on file when each maintenance window opens. The USPTO is explicit that these are a courtesy, not a guarantee. A bounced or missing email does not excuse a missed deadline, and the registration will still be canceled.13United States Patent and Trademark Office. Courtesy Email Reminders About Upcoming Registration Maintenance Filing Deadlines Keep your contact information current with the USPTO and set your own calendar reminders well ahead of each window.