Section 8 and 9 Maintenance: Trademark Renewal Deadlines and Requirements
Registering a trademark is a milestone, but it is not the finish line. Trademark maintenance deadlines are the single greatest administrative risk facing trademark owners, and a missed filing can wipe out years of brand investment overnight. Unlike patents, which offer a petition process for late maintenance fee payments, trademark registrations that lapse after the grace period are cancelled permanently. There is no reinstatement. There is no appeal. You file a new application and start over.
For a broader overview of the trademark lifecycle, see our Trademark Life Cycle guide. If you are new to trademarks, start with our Trademark Basics guide.
This guide covers Section 8 declarations of use, Section 9 renewals, Section 15 incontestability, and Section 71 for Madrid Protocol registrations -- with the updated fee schedule effective January 2025, exact filing windows, and the nine most common mistakes that lead to cancelled registrations.
Why Trademark Maintenance Matters
A U.S. trademark registration does not renew itself. The USPTO requires affirmative proof that you are still using the mark in commerce at specific intervals after registration. If you do not file the required documents within the prescribed windows, the USPTO will cancel your registration -- regardless of how long you have owned it or how well-known the mark has become.
Without a live registration, you lose the legal presumption of nationwide ownership, the ability to block infringing imports through U.S. Customs, and the enhanced damages available in federal litigation.
The Four Maintenance Filings Explained
Section 8: Declaration of Use (or Excusable Nonuse)
Section 8 is the foundational maintenance requirement -- a sworn statement, filed under penalty of perjury, that the registered mark is still in use in commerce for the listed goods or services.
What you must provide:
- A verified statement that the mark is in use in commerce for each class
- A specimen showing the mark as currently used in commerce (one per class)
- An identification of which goods or services the mark is being used with
- Deletion of any goods or services for which the mark is no longer in use
If you are not using the mark for some listed goods and services, you may file a claim of excusable nonuse, but you must explain the special circumstances and confirm your intent to resume use.
When it is due: Between the 5th and 6th anniversary of the registration date, and then between the 9th and 10th anniversary (combined with Section 9), and every 10 years thereafter.
Section 9: Renewal Application
Section 9 is the formal renewal that extends the registration for another 10-year term. It is always filed together with a Section 8 declaration starting at the 10-year mark.
What you must provide:
- The same specimen and use declaration required for Section 8
- The Section 9 renewal application itself
There is no standalone Section 9 filing. Every renewal requires a simultaneous declaration of continued use under Section 8.
When it is due: Between the 9th and 10th anniversary of the registration date, and every 10 years thereafter.
Section 15: Declaration of Incontestability (Optional)
Section 15 is the most underutilized tool in trademark law. It upgrades your registration from "prima facie evidence" of validity to "conclusive evidence" of your exclusive right to use the mark, eliminating challenges based on mere descriptiveness, geographic descriptiveness, and surname arguments.
Eligibility requirements (all must be met):
- The mark is registered on the Principal Register
- The mark has been in continuous use in commerce for five consecutive years after registration
- No pending USPTO or court proceeding involving the mark's ownership
- No final adverse decision regarding ownership or right to use
- The mark has not become generic
When to file it: Any time after five consecutive years of post-registration use. Most commonly filed as a combined Section 8 and 15 declaration in the 5th-to-6th-year window. Incontestability is not absolute -- the registration can still be challenged on grounds of genericness, abandonment, fraud, functionality, or prior use -- but removing descriptiveness challenges makes the filing worthwhile for nearly every eligible registration.
Section 71: Declaration of Use for Madrid Protocol Registrations
If your trademark was registered through the Madrid Protocol -- identifiable by a serial number beginning with "79" -- Section 71 replaces Section 8 for your U.S. maintenance filings. The requirements and deadlines mirror Section 8 exactly: a sworn declaration of use, specimens, and the same filing windows.
The critical difference is that Madrid Protocol registrations do not file Section 9 renewals with the USPTO. Renewal is handled separately through WIPO (the World Intellectual Property Organization). This creates a dual-filing obligation: you must file Section 71 with the USPTO AND renew with WIPO. Missing the USPTO filing cancels your U.S. protection. Missing the WIPO renewal cancels the entire international registration.
Updated Fee Schedule (Effective January 18, 2025)
The USPTO's January 2025 fee restructuring significantly increased maintenance costs. For the full breakdown of fee changes across all filing types, see our USPTO Fee Changes guide. Here are the current fees alongside previous amounts.
| Filing | Previous Fee (Per Class) | Current Fee (Per Class) | Change |
|---|---|---|---|
| Section 8 Declaration | $225 | $325 | +$100 (44%) |
| Section 9 Renewal | $300 | $325 | +$25 (8%) |
| Section 15 Incontestability | $200 | $250 | +$50 (25%) |
| Section 71 Declaration | $225 | $325 | +$100 (44%) |
| Grace Period Surcharge (per section, per class) | $100 | $100 | No change |
Combined Filing Costs
Most maintenance filings involve combined forms. Here is what each combined filing costs under the current schedule:
| Combined Filing | Cost Per Class | With Grace Period Surcharge |
|---|---|---|
| Section 8 alone (years 5-6) | $325 | $425 |
| Section 8 + Section 15 (years 5-6) | $575 | $675 |
| Section 8 + Section 9 (years 9-10, and every 10 years) | $650 | $850 |
| Section 8 + Section 9 + Section 15 | $900 | $1,100 |
| Section 71 alone (Madrid, years 5-6) | $325 | $425 |
| Section 71 + Section 15 (Madrid, years 5-6) | $575 | $675 |
Example: A three-class registration reaching its 10-year renewal costs $1,950 (3 x $650). During the grace period, that jumps to $2,550 (3 x $850). Under the old fee schedule, the same filing cost $1,575.
Master Timeline: Every Maintenance Deadline
Calendar these dates on the day you receive your registration certificate.
| Years After Registration | Required Filing | Optional Filing | Cost Per Class |
|---|---|---|---|
| 5 - 6 | Section 8 (Declaration of Use) | Section 15 (Incontestability) | $325 or $575 (with Sec 15) |
| 6 - 6.5 | Grace period for Section 8 | -- | +$100 surcharge |
| 9 - 10 | Section 8 + Section 9 (combined) | Section 15 (if not filed earlier) | $650 |
| 10 - 10.5 | Grace period for Sections 8 + 9 | -- | +$200 surcharge ($100 each) |
| 19 - 20 | Section 8 + Section 9 (combined) | -- | $650 |
| 20 - 20.5 | Grace period for Sections 8 + 9 | -- | +$200 surcharge |
| Every 10 years | Repeat Section 8 + Section 9 | -- | $650 |
For Madrid Protocol registrations (serial numbers starting with "79"):
| Years After Registration | Required USPTO Filing | Required WIPO Filing | USPTO Cost Per Class |
|---|---|---|---|
| 5 - 6 | Section 71 | -- | $325 or $575 (with Sec 15) |
| 6 - 6.5 | Grace period for Section 71 | -- | +$100 surcharge |
| 9 - 10 | Section 71 | International renewal | $325 + WIPO fees |
| 10 - 10.5 | Grace period for Section 71 | -- | +$100 surcharge |
| Every 10 years | Section 71 | International renewal | $325 + WIPO fees |
Specimen Requirements for Maintenance Filings
Every Section 8, Section 9, and Section 71 filing requires a specimen of current use -- not how the mark was used when you originally registered.
For goods (trademarks): Show the mark on the goods, packaging, labels, or tags. Website product pages with an "add to cart" button also qualify.
For services (service marks): Show the mark used in advertising or sale of the services -- website pages, brochures, signage, or advertising materials.
What does NOT qualify: Internal documents not seen by the public, mock-ups not used in commerce, specimens showing a substantially different mark, specimens for unlisted goods/services, or specimens from outside the filing window.
File one specimen per class. A four-class registration requires four specimens, each showing use for its respective class.
The Grace Period: Safety Net, Not Strategy
Every maintenance deadline comes with a six-month grace period -- an additional six months to file with a $100 per-class surcharge on each section. Once the grace period expires, the registration is cancelled with no mechanism to revive it. Unlike patent maintenance fees, which allow late petitions for up to two years, trademark law offers no second chance.
Grace period math for a combined Section 8 + 9 filing in three classes:
- On-time filing: 3 x $650 = $1,950
- Grace period filing: 3 x $850 = $2,550 (an additional $600 in surcharges)
The surcharge adds up fast across a portfolio. GleanMark's deadline alerts notify you 30, 7, and 1 day before every maintenance window closes, ensuring you never pay a grace period surcharge by accident.
Section 8 vs. Section 9: Understanding the Overlap
Here is a clear comparison of the two filings that owners most often confuse:
| Section 8 (Declaration of Use) | Section 9 (Renewal) | |
|---|---|---|
| Purpose | Prove the mark is still in use | Renew the registration for 10 more years |
| First due | Years 5-6 | Years 9-10 |
| Subsequent filings | Every 10 years (with Section 9) | Every 10 years (with Section 8) |
| Filed alone? | Yes (at years 5-6) | No (always with Section 8) |
| Specimen required? | Yes | Yes (same specimen as Section 8) |
| Fee per class | $325 | $325 |
| Grace period | 6 months, +$100/class | 6 months, +$100/class |
| If missed | Registration cancelled | Registration expires |
The key takeaway: Section 8 has a standalone filing at years 5-6 that Section 9 does not share. At the 10-year mark and every 10 years after, they are always filed together.
Nine Common Mistakes That Lead to Cancelled Registrations
1. Not knowing maintenance is required. Many first-time owners assume the registration certificate means permanent protection. They discover the Section 8 requirement only after the filing window -- and sometimes the grace period -- has already closed.
2. Declaring use for goods or services no longer sold. A Section 8 declaration is sworn under penalty of perjury. Claiming use for goods you no longer sell constitutes fraud. Delete unused goods or services as part of your filing.
3. Submitting outdated specimens. The specimen must show current use at the time of filing. Reusing your original application specimen or any outdated material will result in a refusal.
4. Ownership mismatches. If the mark was assigned to a new owner, the assignment must be recorded with the USPTO before the new owner files maintenance documents. Filing under the wrong entity results in rejection.
5. Confusing Section 8 and Section 9 deadlines. Section 8 is due at years 5-6 AND years 9-10. Section 9 starts only at years 9-10. Owners who assume "nothing is due until the 10-year renewal" lose their registrations at the six-year mark.
6. Madrid Protocol owners filing Section 8 instead of Section 71. The forms are similar but legally distinct. Section 71 is required for registrations with serial numbers beginning with "79."
7. Forgetting the WIPO renewal for Madrid registrations. Section 71 keeps the U.S. portion alive, but if the underlying WIPO international registration lapses, the U.S. protection falls with it.
8. Failing to budget for fee increases. Section 8 jumped 44% in January 2025 (from $225 to $325 per class). Multi-class portfolio owners who budgeted at old rates face shortfalls.
9. Waiting until the last day. System outages, technical errors, and specimen issues can push a filing past the deadline into the grace period -- or beyond. Build a buffer of at least 30 days.
What to Do If You Missed a Deadline
If you are within the six-month grace period, file immediately with the $100 per-class surcharge. Do not wait.
If the grace period has expired, the registration is cancelled. Your options are limited: file a new application (losing your original priority date), rely on geographically limited common law rights, or consider the Supplemental Register if the mark no longer qualifies for the Principal Register. There is no petition to revive a cancelled-for-maintenance trademark registration. Prevention is the only reliable strategy.
Building a Maintenance Calendar
Build a maintenance calendar on the day your registration issues. Record the registration date (the anchor for all deadlines), the Section 8 window (years 5-6), the combined Section 8 + 9 window (years 9-10), each grace period close, and repeat every 10 years.
For portfolios with more than a handful of registrations, manual calendar management becomes unsustainable. GleanMark automatically tracks every registration in your portfolio and sends deadline alerts at 30, 7, and 1 day before each maintenance window closes -- eliminating the risk of a missed filing due to a calendar oversight.
Key Takeaways
- Section 8 (Declaration of Use) is due at years 5-6 and then every 10 years, with a current fee of $325 per class.
- Section 9 (Renewal) is due at years 9-10 and every 10 years, always combined with Section 8, at $325 per class ($650 combined).
- Section 15 (Incontestability) is optional but highly recommended. File it with your first Section 8 for $575 per class (combined).
- Section 71 replaces Section 8 for Madrid Protocol registrations. Madrid owners must also renew separately with WIPO.
- The six-month grace period carries a $100 per-class surcharge per section and is the final opportunity to save a registration.
- After the grace period, cancellation is permanent with no reinstatement mechanism.
- Start tracking trademark maintenance deadlines from the day your registration issues, and build a 30-day buffer before every window closes.
Trademark registration is an ongoing commitment. Whether you manage one registration or one hundred, the deadlines do not move, the USPTO does not send reminders, and the consequences of missing them are irreversible.