Trademark Maintenance Deadlines: Section 8 and Section 9 Explained

What is the Section 8 declaration?

Section 8 is a Declaration of Continued Use filed between the fifth and sixth anniversary of registration, proving you are still using the mark in commerce with a specimen and the required per-class fee. It is the first maintenance checkpoint and is easy to miss because it comes years after registration. Filing it on time keeps your registration active.

What is the combined Section 8 and 9 renewal?

Between the ninth and tenth anniversary — and every ten years thereafter — you file a combined Section 8 Declaration of Use and Section 9 Renewal Application. This is the true renewal of your registration. Each filing requires a current specimen and per-class fees, and a six-month grace period with extra fees applies if you miss the deadline.

What is a Section 15 declaration?

Section 15 is optional. After five years of continuous use, you can file a Declaration of Incontestability, which strengthens your registration by limiting the grounds on which it can be challenged. It is not required to keep the mark alive but adds valuable protection. Secure Mark USA can prepare Section 8, 9, and 15 filings and track every deadline for you.

Key takeaways

• Section 8 is due between years five and six after registration.
• The combined Section 8 & 9 renewal is due by year ten and every ten years after.
• Section 15 is optional but makes a mark incontestable after five years of use.
• A six-month grace period with extra fees follows a missed maintenance deadline.
• Secure Mark USA files and tracks maintenance from $99 plus the $350-per-class USPTO fee.

Frequently asked questions