Congratulations! You’ve successfully registered your trademark with the USPTO. But your work isn’t over yet. Trademark registration is just the beginning of a long-term commitment that requires ongoing maintenance to keep your valuable intellectual property protected.
Why Trademark Maintenance Matters
Once you receive your trademark registration certificate, you must file specific maintenance documents and pay fees at regular intervals to keep your registration active. These deadlines are calculated from the registration date on your certificate, and missing them can have serious consequences – your registration will expire or be canceled and cannot be reinstated. Your only option would be to start over with a completely new application.
Essential Maintenance Requirements
The 5-6 Year Mark: Section 8 Declaration
Your first major deadline comes between the fifth and sixth year after registration. You must file a Section 8 Declaration of Use or Excusable Nonuse before the end of the sixth year (or within six months after with an additional fee).
This declaration requires:
- A verified statement that your trademark is still in use in commerce
- Evidence demonstrating that use
- Payment of applicable fees
Critical reminder: If you don’t file this declaration, your registration will be automatically canceled.
Every 10 Years: Combined Section 8 and Section 9 Renewal
Starting from your registration date, you must file renewal documents every 10 years. This involves submitting a Combined Declaration of Use or Excusable Nonuse Application for Renewal under Sections 8 and 9.
You have two filing windows:
- Within one year before the 10-year deadline
- Within six months after the deadline (with additional fees)
This combined filing includes both proof of continued use and a formal request to renew your registration.
Optional Filings That Strengthen Your Rights
Section 15 Declaration of Incontestability
After five years of continuous use, you may file a Section 15 Declaration of Incontestability, which significantly strengthens your trademark rights. To qualify, your trademark must meet these criteria:
- Be registered on the Principal Register
- Have been in continuous commercial use for at least five years after registration
- Have no adverse legal decisions or pending proceedings against it
An “incontestable” registration is much stronger legally and easier to enforce against infringers.
Managing Ownership Changes
Recording New Ownership (Section 7(d))
If you sell or transfer your trademark to a new owner, they can obtain a new registration certificate in their name by:
- Recording the assignment with the USPTO
- Filing a Section 7(d) request for a new certificate
- Paying the required fees
Voluntary Surrender (Section 7(e))
As the registration owner, you can voluntarily surrender your registration for all or some of the goods and services it covers. No fee is required for this process.
Making Corrections and Amendments (Sections 7(g) and 7(h))
You can request to amend or correct information in your registration, but with important limitations:
For the trademark itself: Only minor, non-material changes are permitted For goods and services: You can only narrow or limit them, not broaden the scope
Fees apply for most amendments and corrections, except when correcting USPTO errors.
Best Practices for Trademark Maintenance
Set Up a Tracking System
Mark these critical dates in your calendar:
- 5-6 year Section 8 deadline
- Every 10-year renewal deadline
- Consider filing Section 15 after five years of continuous use
Maintain Proper Documentation
Keep detailed records of your trademark use, including:
- Marketing materials
- Product packaging
- Sales documentation
- Any evidence of continuous commercial use
Consider Professional Help
Given the serious consequences of missing deadlines, many trademark owners work with attorneys or trademark service providers to ensure proper maintenance.
The Bottom Line
Trademark maintenance isn’t optional – it’s essential for protecting your brand investment. The USPTO’s maintenance system is designed to ensure that only actively used trademarks remain on the register, preventing trademark clutter and protecting the rights of businesses actually using their marks in commerce.
By staying on top of these requirements and deadlines, you’ll maintain the valuable legal protection that trademark registration provides, keeping your brand secure for years to come.
Remember: This guide provides general information about USPTO trademark maintenance requirements. For specific legal advice about your trademark situation, consult with a qualified trademark attorney.
