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Trademark Renewal & Maintenance
A trademark registration does not last forever on its own — you must file maintenance documents at specific intervals to keep it alive. Missing a deadline can result in cancellation of your registration.
Discuss Maintenance FilingRequired maintenance filings
Section 8 Declaration (Years 5–6)
Between the fifth and sixth anniversaries of registration, you must file a Declaration of Continued Use (or Excusable Nonuse) to maintain your registration. Failure to file results in cancellation.
Section 15 Declaration of Incontestability (Optional, Years 5–6)
Eligible registrations on the Principal Register may file a Section 15 declaration after five years of continuous use in commerce. This can strengthen certain legal presumptions associated with the registration. Filing is optional and subject to eligibility requirements.
Sections 8 & 9 Maintenance/Renewal (Between Years 9–10)
Between the ninth and tenth anniversaries of registration, you must file both a Declaration of Continued Use and a Renewal Application to keep your registration active. After the first renewal, subsequent renewals are due every ten years.
Do not miss your maintenance window
The USPTO provides a six-month grace period after the deadline, but late filings require an additional surcharge. Missing the deadline entirely results in cancellation of your registration, which cannot be undone.
Frequently asked questions
How do I know when my trademark maintenance is due?
Your registration certificate includes the registration date, which is the anchor for all maintenance deadlines. You can also check filing deadlines through the USPTO TSDR system. Vallo Law can help you track upcoming deadlines.
What is the Section 8 declaration?
A Section 8 Declaration of Continued Use (or Excusable Nonuse) must be filed between the fifth and sixth anniversaries of registration, confirming that you are still using the mark in commerce. Without it, the USPTO will cancel your registration.
Is the Section 15 incontestability declaration required?
No. The Section 15 Declaration of Incontestability is optional. It may be filed alongside your Section 8 declaration between years 5 and 6, if you have used the mark continuously for five consecutive years in commerce. Eligibility is subject to certain requirements.
How long does a trademark registration last?
A trademark registration is valid for ten years from the date of registration and can be renewed indefinitely in ten-year increments, as long as you continue to use the mark in commerce and file the required maintenance documents.
Keep your trademark registration alive
We handle the maintenance filings so you do not have to track them yourself.