United States Trademark Renewal

A U.S. trademark registration is valid for ten (10) years from the registration date. However, unlike many other jurisdictions, trademark owners must submit maintenance filings before renewal is possible.

Trademark renewal in the U.S. follows a multi-step process:

• Between the 5th and 6th year after registration: Owners must file a Declaration of Use (Section 8) to prove the trademark is still in commercial use.
• Between the 9th and 10th year after registration: The trademark must be renewed by submitting a Renewal Application (Section 9) alongside a new Declaration of Use (Section 8).
• Every 10 years thereafter: The renewal process repeats indefinitely, provided the mark remains in use.

If the renewal deadline is missed, there is a six-month grace period. However, failing to renew within this period results in automatic cancellation of the trademark.

To successfully renew a trademark with the USPTO, the following must be submitted:

• The trademark registration number and details
• A Declaration of Use (Section 8)
• A Renewal Application (Section 9)
• Payment of the US trademark renewal fees

Trademarks not in active commercial use cannot be renewed. If the USPTO determines that a mark is not being used, the registration may be canceled.

Apart from renewals, the USPTO requires additional maintenance filings to keep a trademark active and enforceable.

Declaration of Use (Section 8) – Between the 5th and 6th Year

Trademark owners must file a Declaration of Use to confirm that the mark is still in commercial use. This prevents businesses from holding trademarks without actively using them. If a trademark is not in use, the owner may file an excusable non-use declaration, but strong justification is required.

Declaration of Incontestability (Section 15) – Optional but Recommended

If a trademark has been in continuous use for five (5) years, owners may file a Declaration of Incontestability (Section 15) alongside the Section 8 filing. This grants the trademark stronger legal protection and makes it harder for third parties to challenge its validity.

Trademark Renewal (Section 9) – Every 10 Years

The Renewal Application (Section 9) must be filed alongside a new Declaration of Use (Section 8) every 10 years. If the owner fails to meet this requirement, the trademark will be canceled.

Trademark owners should ensure that all details associated with the registration remain up to date, including:

• Ownership changes: If a trademark is sold, assigned, or transferred, the USPTO must be notified.
• Address or business name changes: Keeping business information current ensures smooth renewal processing.

Ignoring these updates may lead to delays, legal challenges, or complications during the renewal process.

Many trademark owners lose their rights due to common mistakes. Avoid these pitfalls to ensure continued protection:

• Missing renewal deadlines – If you forget to renew on time, your trademark will be canceled, and you may lose exclusive rights.
• Failing to file a Declaration of Use (Section 8) – Even if your trademark is valid for 10 years, the 5-year maintenance requirement must be met.
• Not using the trademark in commerce – The USPTO requires proof that your mark is still in use. If your business stops using it, renewal may be denied.
• Assuming a renewal notification will be sent – The USPTO does not send automatic reminders. Trademark owners must track their renewal deadlines.

Avoiding these mistakes ensures that your brand remains protected and enforceable under U.S. trademark law.

If you miss the renewal deadline, you have a six-month grace period to submit a late renewal. If you fail to renew within this time, your trademark will be canceled, and you will have to reapply, without any guarantee of approval.

No, once a trademark is canceled due to non-renewal, it cannot be reinstated. The only option is to file a new trademark application, but another party may have already registered a similar mark.

The USPTO requires a specimen of use, such as product labels, packaging, or website screenshots showing the trademark in active commercial use.

While not required, filing a Declaration of Incontestability (Section 15) strengthens trademark rights by preventing legal challenges to its validity.

A Declaration of Use (Section 8) confirms the trademark is still in use, while a Renewal Application (Section 9) extends protection for another 10 years. Both filings are required for U.S. trademark maintenance.

Yes, but you must first update your trademark registration with the USPTO before proceeding with renewal.