Guide
U.S. trademark renewal: Sections 8, 9 and 15
A U.S. registration does not last on its own. Between the 5th and 6th year you have to declare the mark is still in use, and between the 9th and 10th year, then every ten years, you renew it. Miss both the deadline and the six-month grace period, and the USPTO cancels the registration for good.
About 50% of U.S. registrations issued 2017 to 2019 have already been cancelled at the first deadline because no Section 8 declaration was filed. Some owners stopped using the mark; others simply missed the date.
The deadlines
| When (from the registration date) | What to file | USPTO fee per class |
|---|---|---|
| Between years 5 and 6 | Section 8 declaration of use | $325 |
| Same window, optional | Section 15 declaration of incontestability (with the Section 8: $575) | $250 |
| Between years 9 and 10 | Combined Section 8 and Section 9 renewal | $650 |
| Every 10 years after | Combined Section 8 and Section 9 renewal | $650 |
| Up to 6 months late | The same filing, in the grace period | +$100 |
Fees checked against uspto.gov on 3 October 2026.
What each filing is
- Section 8, declaration of use. A sworn statement that the mark is in use in commerce for the goods and services listed, with a specimen showing that use for each class. Anything you no longer sell should be deleted, not kept.
- Section 9, renewal. Renews the registration for another ten years. It is always filed together with a Section 8.
- Section 15, incontestability. Optional, after five years of continuous use. It closes off several ways someone could challenge the registration later.
If you miss it
The six-month grace period after each deadline costs $100 extra per class. After that, the USPTO cancels the registration. There is no petition to revive a registration cancelled this way: you would have to file a new application, and anyone who filed a similar mark in the meantime is ahead of you.
Keeping track
Enter a registration number in the renewal deadline tracker to see every window and get an email before each one opens and closes. To check where any registration stands now, use the status checker. Costs from filing onward: what a trademark costs.
Questions
When do I have to renew a U.S. trademark?
First between the 5th and 6th anniversary of registration (a Section 8 declaration of use), then between the 9th and 10th anniversary and every 10 years after (a combined Section 8 and 9 renewal).
What happens if I miss the trademark renewal deadline?
There is a six-month grace period after each deadline, with a $100 per class surcharge. If nothing is filed by the end of the grace period, the USPTO cancels the registration, and it cannot be revived. You would have to file a new application.
How much does trademark renewal cost?
A Section 8 declaration is $325 per class. The 10-year combined Section 8 and 9 renewal is $650 per class. Each grace-period filing adds $100 per class.
Do I have to be using the trademark to renew it?
Yes. The Section 8 declaration states that the mark is in use in commerce for the goods and services listed, with a specimen showing that use. Goods or services no longer sold should be deleted from the registration.
General information, not legal advice. Registrations from the Madrid System (Section 71) follow their own maintenance rules; check those with the USPTO or an attorney.