Securing a federal trademark registration is a significant achievement for any business. But many brand owners do not realize that registration is just the beginning. Trademarks require ongoing maintenance and periodic renewal to remain active. If you miss key deadlines, your registration can lapse — and with it, the legal protections you worked hard to establish.
This guide walks you through everything you need to know about how to renew a trademark, including the filing deadlines, required documentation, and what happens if you miss a window.
Do Trademarks Expire?
Yes — federal trademark registrations can expire if you do not take action to maintain them. However, unlike patents, which have a fixed lifespan regardless of use, trademarks can theoretically last indefinitely as long as the mark remains in active commercial use and renewal filings are submitted on time.
The USPTO requires periodic filings that serve two purposes: confirming that the mark is still being used in commerce, and formally renewing the registration for another term.
Understanding the Trademark Maintenance Timeline
The maintenance and renewal schedule for U.S. federal trademarks follows specific deadlines based on your registration date.
Between Year 5 and Year 6: Declaration of Use (Section 8)
The first post-registration filing is due between the fifth and sixth anniversary of your registration date. This filing — a Section 8 Declaration of Use — requires you to confirm that the mark is still being actively used in commerce for the goods or services listed in your registration. You must include:
- A sworn declaration confirming continued use
- A specimen showing current use of the mark in commerce
- The required filing fee
If your mark is no longer in use for some or all of the listed goods or services, you may need to delete those items from your registration or risk having the entire registration cancelled.
At Year 10: Combined Section 8 and 9 Renewal
At the ten-year mark, you must file both a Section 8 Declaration of Use and a Section 9 Renewal Application. This combined filing confirms continued use and formally renews your registration for another ten-year term. After this, renewals occur every ten years on the same schedule.
Grace Periods and Late Filing Fees
If you miss the standard filing window (the six-month period before each deadline), there is a six-month grace period during which you can still file — but with an additional late fee per class. This adds to the total cost but prevents your registration from lapsing entirely.
Missing the grace period entirely, however, results in the cancellation of your registration. At that point, recovering your trademark rights becomes significantly more difficult and may require filing a new application.
How Often Do You Have to Renew a Trademark?
Once past the initial five-to-six year maintenance filing, how often do you have to renew a trademark becomes a question of ten-year cycles. The renewal schedule is:
- Year 5–6: Section 8 Declaration of Use (plus optional Section 15 Declaration of Incontestability)
- Year 9–10: Section 8 + Section 9 Renewal
- Every 10 years thereafter: Combined Section 8 + Section 9 Renewal
Setting calendar reminders or working with a trademark monitoring service well in advance of each deadline ensures you never miss a filing window.
The Section 15 Declaration: Optional But Valuable
Between years five and six, alongside your Section 8 filing, you have the option to also file a Section 15 Declaration of Incontestability. This is not required for renewal, but it is a powerful additional layer of protection.
A mark that achieves incontestable status is presumed valid and becomes much harder for third parties to challenge on certain grounds, such as descriptiveness. If your mark qualifies — meaning it has been in continuous use for five years since registration and is not involved in any pending proceedings — filing Section 15 is generally worth the additional fee.
What You Need to Prepare for Renewal
Whether you are filing a Section 8 declaration or a combined renewal, you will need:
An up-to-date specimen: This is real-world evidence showing how the trademark is currently being used. For product marks, this might be a product label, packaging, or a tag. For service marks, website screenshots, advertisements, or promotional materials are commonly accepted.
A signed declaration: You or your authorized representative must swear that the information provided is accurate and that the mark is in active use.
The applicable filing fees: Fees vary by filing type and number of classes. Checking the current USPTO fee schedule before filing ensures you submit the correct amount.
What Happens If Your Trademark Registration Lapses?
If your registration is cancelled due to non-renewal, you do not necessarily lose all rights to the mark. Common law rights based on prior use in commerce still exist. However, the significant advantages of federal registration — the nationwide presumption of ownership, the right to use the ® symbol, and streamlined legal enforcement — are lost until and unless you file a new application and successfully complete the registration process again.
Conclusion
Renewing your trademark is not just a paperwork formality — it is an essential part of protecting the brand you have built. The USPTO’s renewal schedule is manageable with proper planning, and the cost of maintaining your registration is modest compared to the expense of losing your legal protections and starting the registration process over. Stay ahead of your deadlines, keep your specimens current, and treat trademark maintenance as an ongoing part of your brand management strategy.
