A US trademark registration requires three filing windows to stay alive: a Section 8 declaration at year 5–6, a combined Section 8 and Section 9 renewal at year 9–10, and another every 10 years after that. Each window is 12 months long, with a six-month grace period after.
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Each window opens at the start of the year shown and closes at the end of the next year. The grace period adds another six months at the standard fee plus a late fee.
Sworn statement that the mark is still in use in commerce on the listed goods or services. Specimen of use required. Filing window opens on the 5th anniversary of registration, closes on the 6th.
Section 8 declaration of continued use plus Section 9 application for renewal. Most owners file these together as a combined declaration. Window opens on the 9th anniversary, closes on the 10th.
The same combined Section 8 and Section 9 filing is required every 10 years thereafter — year 19–20, year 29–30, and so on. The registration can stay alive indefinitely as long as each window is met.
The clock starts on the registration date, not the application filing date and not the date of first use. The registration date is the date printed on your USPTO registration certificate, the day the mark was officially placed on the Principal Register (or the Supplemental Register).
Application date and registration date are typically a year or more apart, sometimes longer if there were office actions or oppositions. People who anchor reminders to the application date can end up filing nearly a year early. Using the registration date keeps the windows right.
For Madrid Protocol extensions of protection (Section 71 affidavits), the timing rules are slightly different and tied to international registration dates. If you registered through Madrid, check the USPTO maintenance page for the matching schedule.
These two filings get conflated, but they do different work. Section 8 is about continued use: you swear the mark is still being used commercially, and you submit a current specimen. Section 9 is about renewing the registration period: it resets the 10-year clock for as long as the registration exists.
At the year 5–6 window, only Section 8 is required. At the year 9–10 window, both are required, and most owners file them as a combined declaration. The combined filing is one form, one specimen, two fees per class.
There's also Section 15, which is optional but commonly filed alongside the year 5–6 Section 8 declaration. Section 15 establishes incontestability of the mark, making it harder for anyone to challenge the registration on grounds like descriptiveness. It's not a renewal, but it's the same paperwork window.
Set a reminder for two to three months before the start of each window — that gives you time to gather specimens of use, draft the declaration, and coordinate with an attorney if you use one. Filing at the start of the window beats filing in the grace period: same outcome, no late fee, no anxiety.
For three windows over 20 years, three reminders are enough: one for year 4 month 9, one for year 8 month 9, one for year 18 month 9. Then one every 10 years after that. Each reminder is independent, so a single missed reminder doesn't jeopardize the next.
The full picture of trademark renewal reminders and how the email service handles long lead times sits on the pillar page.
A Section 8 declaration of use is due between the 5th and 6th year after registration. A combined Section 8 and Section 9 renewal is due between the 9th and 10th year. After that, renewals are due every 10 years. Each filing has a six-month grace period after the deadline, with an additional fee.
It starts on the registration date, not the application filing date and not the date of first use. The registration date is what shows on your USPTO certificate. Section 8 windows count from that date, as do Section 9 renewals.
In the renewal context, the "5 year rule" refers to the Section 8 declaration of use: between the 5th and 6th year after registration, you must declare you're still using the mark in commerce. The phrase also separately refers to a §2(f) distinctiveness rule (five years of continuous use can demonstrate acquired distinctiveness), which is a different issue.
A sworn statement that the mark is still being used in commerce on the goods or services listed in the registration. It includes a specimen showing actual use (a label, packaging, screenshot of a website, etc.) and a fee per class. Without it, the registration is cancelled at the end of the grace period.
A separate filing required every 10 years to renew the registration itself. Most owners file the Section 9 renewal together with the Section 8 declaration at the year 9–10 mark, in a combined Section 8/9 form. Section 9 alone keeps the registration on the books; Section 8 confirms continued use.
Six months after each deadline. During the grace period, you can still file the Section 8 or Section 9 paperwork by paying the standard fee plus a per-class late fee. Miss the grace period and the registration is cancelled with no recovery option except reapplying.
A registered trademark lasts indefinitely as long as you keep filing the required maintenance documents. There's no maximum age — the Coca-Cola wordmark has been continuously renewed since 1893. The catch is you must file Section 8 and Section 9 paperwork on schedule. Skip a filing and the registration ends.
Set a reminder anchored to your registration date. You'll get an email a few days before each Section 8 and Section 9 window opens — early enough to file at the standard fee, not the grace-period fee.
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