Trademark Renewal: Fees, Deadlines, and How to Keep Your Registration Active (2026)
A federal trademark registration does not automatically stay active — it requires periodic maintenance filings to remain in force. Miss the deadlines and your registration is cancelled, permanently losing the federal rights you spent $850 and 10+ months to obtain. The two critical filing windows are years 5–6 (Section 8 Declaration of Use) and every 10 years (combined Section 8 and 9 renewal). Attorney fees for renewal filings at Michael Meyer Law run $300–$400, plus USPTO fees.
This guide covers every trademark renewal and maintenance requirement: what each filing is, when it is due, what it costs, and what happens if you miss a deadline.
Why Trademark Renewal Matters
Unlike patents, which expire automatically after 20 years regardless of what you do, a federal trademark registration can last indefinitely — but only if you actively maintain it through timely filings that prove the mark is still in use in commerce.
The USPTO does not send reminders. There is no automatic renewal. If you miss a maintenance deadline, the USPTO cancels your registration quietly and without appeal. Once cancelled past the grace period, the registration is gone. You would need to file a new application, pay new filing fees, wait through a new examination period, and potentially lose your original priority date — meaning a competitor who filed after you could now have superior rights.
This is not a theoretical risk. Thousands of trademark registrations lapse every year due to missed maintenance deadlines. For businesses that have built significant brand equity around a registered mark, the cost of losing that registration — and potentially having to rebrand — vastly exceeds the cost of the maintenance filings themselves.
The Trademark Maintenance Schedule: All Required Filings
Federal trademark registrations require two types of maintenance filings at specific intervals after the registration date.
Section 8 Declaration of Use (Years 5–6)
What it is: A sworn declaration that the mark is still in active commercial use in connection with the goods and services listed in the registration.
When it is due: Between the 5th and 6th anniversary of the registration date. The filing window opens on the 5th anniversary and closes on the 6th anniversary.
Grace period: A six-month grace period is available after the 6th anniversary, with an additional surcharge of $100 per class.
What you need to file: The declaration itself (signed under oath), a specimen showing current use of the mark in commerce, and confirmation that the goods or services listed in the registration are still in use. If some goods or services have been discontinued, those must be deleted from the registration.
USPTO fee: $325 per class.
What happens if you miss it: The registration is cancelled. No exceptions, no reinstatement after the grace period expires.
Section 15 Declaration of Incontestability (Years 5–6, Optional)
What it is: A declaration that the mark has been in continuous use in commerce for five consecutive years after registration, which grants the registration incontestable status.
Why it matters: Incontestability significantly strengthens your trademark rights. An incontestable registration cannot be challenged on grounds of descriptiveness, lack of secondary meaning, or prior use (with limited exceptions). It is one of the most powerful legal advantages available to a trademark owner.
When it is due: Can be filed at the same time as the Section 8 Declaration, between years 5 and 6. Requires five consecutive years of continuous use after registration.
USPTO fee: $250 per class.
This filing is optional but strongly recommended for any mark that has been in continuous commercial use. The legal benefit — limiting the grounds on which others can challenge your registration — is substantial and permanent.
Combined Section 8 and 9 Renewal (Every 10 Years)
What it is: A combined Declaration of Use (Section 8) and Application for Renewal (Section 9), filed together every 10 years from the registration date.
When it is due: Between the 9th and 10th anniversary of the registration date, and every 10 years thereafter. The window opens on the 9th anniversary and closes on the 10th anniversary.
Grace period: A six-month grace period is available after the 10th anniversary, with a surcharge of $100 per class per section.
What you need to file: Declaration of continued use, a current specimen showing the mark in commerce, and the renewal application. Same specimen and use requirements as the Section 8 filing.
USPTO fees: $325 per class for Section 8 + $325 per class for Section 9 = $650 per class combined.
What happens if you miss it: The registration expires. Unlike the years 5–6 cancellation, an expired registration cannot be revived after the grace period under any circumstances.
Trademark Renewal Fees: Complete 2026 Breakdown
Here is every fee involved in maintaining a federal trademark registration over its lifetime.
Total lifetime cost for a single-class trademark registration (through first 10-year renewal):
Spread over 10 years, maintaining a federal trademark registration costs approximately $270–$290 per year — less than most businesses spend on business card printing.
How to Renew a Trademark: The Filing Process
Trademark renewal filings are submitted electronically through the USPTO's Trademark Center at trademark.uspto.gov. The process is straightforward but requires current evidence of use.
Prepare your specimen
The specimen must show the mark as currently used in commerce — not the original application specimen unless the mark is still used in that identical way. For goods: a product label, hangtag, packaging, or product photo. For services: a website screenshot, advertisement, or marketing material showing the mark in connection with the services.
Review your registration for accuracy
Check that the goods and services still listed in your registration reflect your actual current commercial activity. Any goods or services you have discontinued must be deleted. Filing a declaration that covers goods you are not actually using is a federal false declaration and can invalidate the registration entirely.
File through the Trademark Center
The USPTO's online system accepts Section 8, Section 9, and Section 15 filings electronically. Each filing requires the registration number, the declaration language, the specimen, and the filing fee payment.
Receive USPTO acknowledgment
The USPTO reviews the filing and issues an acknowledgment of receipt. For Section 8 filings, the USPTO examiner reviews the specimen to confirm it shows current use. If the specimen is inadequate, the USPTO issues a deficiency notice with a deadline to respond.
Registration status updates
After a successful Section 8 filing, the registration status updates to show the declaration was accepted. After a successful Section 8 and 9 renewal, the registration is renewed for another 10-year term.
Section 8 Trademark: What the Declaration of Use Requires
The Section 8 Declaration of Use is the most misunderstood trademark maintenance requirement. Many trademark owners assume it is a formality — a box to check. It is not. It is a sworn legal declaration with significant consequences for false statements.
The core requirement: You must declare, under penalty of perjury, that the mark is in use in commerce in connection with the goods and services listed in the registration, OR that non-use is excusable.
What "use in commerce" means: The mark must be actively used in the ordinary course of trade — not token use designed solely to maintain the registration. If you have not sold products or rendered services under the mark in the past several years, a Section 8 filing may not be appropriate without addressing the gap in use.
Excusable non-use: If you have temporarily stopped using the mark due to circumstances beyond your control — supply chain disruption, regulatory approval pending, seasonal business — you may be able to claim excusable non-use. This requires specific factual circumstances and careful documentation. An attorney should advise before claiming excusable non-use.
Deleting unused goods/services: If your business has evolved and you are no longer selling some of the products or providing some of the services listed in your original registration, those must be deleted from the registration at the time of the Section 8 filing. This narrows your registration's scope but keeps it accurate and legally valid.
The specimen requirement: The specimen submitted with a Section 8 filing must show current use — use that is happening now or was happening very recently, not historical use from the original application. The USPTO examiner reviews specimens carefully and frequently issues deficiency notices for specimens that appear dated or do not clearly show the mark as a source identifier.
Section 8 and 9 Combined Renewal: What Changes at Year 10
The 10-year renewal combines two separate legal filings — the Section 8 Declaration of Use and the Section 9 Application for Renewal — into one simultaneous submission.
The Section 9 renewal is what actually extends the registration term for another 10 years. Without it, the registration expires at the end of the 10th anniversary window regardless of how good your Section 8 declaration is. Both filings must be accepted for the registration to continue.
The requirements are the same as the years 5–6 Section 8 filing — current specimen showing active use, accurate goods and services listing, declaration under oath — with the addition of the renewal application itself.
The 10-year cycle continues indefinitely. A trademark registration renewed at year 10 is due again at year 20, then year 30, and so on. There is no maximum term for a trademark registration as long as the mark remains in commercial use and the maintenance filings are timely made.
What Happens If You Miss a Trademark Renewal Deadline
During the grace period: You can still file, but you pay a $100 per class surcharge on top of the regular filing fees. The grace period for both the years 5–6 window and the 10-year renewal window is six months.
After the grace period expires:
For Section 8 filings: The registration is cancelled. The USPTO will not reinstate it. You must file a new trademark application from scratch — new filing fee, new examination wait, new priority date.
For Section 9 renewals: The registration expires. Expired registrations cannot be renewed after the grace period. Same result — new application required.
The priority date consequence: This is the most underappreciated cost of losing a registration. Your original registration gave you nationwide priority over anyone who filed after your original filing date. A new application gives you a new, later priority date. Any applications filed after your original date but before your new filing date could now have superior rights.
For marks with significant brand value: The cost of losing a registration is not just the filing fees wasted — it is the potential exposure to infringement claims from parties who filed after your original date, and the risk that a competitor could register a confusingly similar mark that you would now have difficulty challenging.
Trademark Maintenance Fees vs. Registration Costs: The Full Lifecycle
Here is what owning a single-class federal trademark registration actually costs over 20 years:
That is approximately $180–$200 per year averaged over 20 years for indefinite, nationwide exclusive trademark rights in your class of goods or services.
Frequently Asked Questions
How do I renew a trademark?
File a Section 8 Declaration of Use between the 5th and 6th anniversary of your registration date, and a combined Section 8 and 9 renewal every 10 years thereafter. Both filings are made electronically through the USPTO Trademark Center at trademark.uspto.gov. Each requires a current specimen showing the mark in active commercial use, an accurate listing of goods and services, and payment of the applicable USPTO fees. Attorney fees at Michael Meyer Law for renewal filings are $300–$400.
How much does trademark renewal cost?
The USPTO fee for the years 5–6 Section 8 Declaration of Use is $325 per class. The optional Section 15 Incontestability filing is $250 per class. The combined Section 8 and 9 ten-year renewal is $650 per class. Attorney fees for renewal filings at Michael Meyer Law are $300–$400. Late filing surcharges of $100 per class apply during the six-month grace period.
What are trademark maintenance fees?
Trademark maintenance fees are the USPTO filing fees required to keep a federal trademark registration active. The two main maintenance filings are the Section 8 Declaration of Use (required between years 5 and 6, then as part of every 10-year renewal) and the Section 9 Renewal Application (required every 10 years). Missing these fees results in cancellation or expiration of the registration.
What is a Section 8 trademark filing?
A Section 8 trademark filing is a Declaration of Use — a sworn statement filed with the USPTO between the 5th and 6th anniversary of registration (and as part of every 10-year renewal thereafter) confirming that the mark is still in active commercial use. It requires a current specimen showing the mark in use in commerce and payment of $325 per class in USPTO fees.
What happens if I miss my trademark renewal deadline?
You have a six-month grace period after the deadline to file with a $100 per class surcharge. If you miss both the regular deadline and the grace period, the registration is cancelled (for Section 8 failures) or expires (for Section 9 failures). There is no reinstatement after the grace period. You would need to file a new trademark application from scratch with a new priority date.
Do trademarks expire automatically?
Federal trademark registrations do not expire automatically on a fixed date the way patents do. They can last indefinitely as long as the mark remains in commercial use and the maintenance filings are timely made. However, unlike patents, trademarks are cancelled or expire if the required maintenance filings are missed — the registration does not maintain itself passively.
Does my trademark need to be renewed every year?
No. Trademark maintenance filings are required at specific intervals — between years 5 and 6 after registration, and then every 10 years thereafter. There are no annual renewal fees for federal trademark registrations. State trademark registrations have different renewal schedules depending on the state.
Ready to File Your Trademark Renewal?
Michael Meyer is a USPTO-registered trademark attorney (Reg. No. 78,575) who has handled over 200 trademark matters before the USPTO. Attorney fees for trademark renewal and maintenance filings are $300–$400, plus USPTO fees.
This article is for informational purposes only and does not constitute legal advice. Trademark law involves fact-specific analysis — contact a licensed attorney to discuss your specific situation.
Written by Michael Meyer, USPTO-Registered Patent & Trademark Attorney, Reg. No. 78,575. Michael has been involved in over 400 patent matters and 200 trademark matters before the USPTO. View credentials and verify license.