Maintaining your federal registration

You must do these things to maintain your registration:

  • Continue to use your trademark in interstate commerce.
  • File your registration maintenance documents with us, and pay the required fees, at the required times.
  • Keep your correspondence information updated.

If you don’t continue using your trademark in interstate commerce, you won’t be able to file the required documents to keep your registration alive, except in rare circumstances.

If you don’t submit your maintenance documents and fees by the deadline, your registration will expire or be canceled. If that happens, you’ll need to start the application process over to have nationwide protection for your trademark. You must file required maintenance documents and pay the associated fees at specific time intervals after registration. Read the definitions for maintaining a trademark registration.

If you don’t keep your email address current, you will not receive important notices. Use the Change Address or Representation form.

Maintenance forms

DueFilingDescriptionRequired/Optional
Between years 5 - 6Section 8 Declaration of UseA form filed by the owner requiring a verified statement of use in commerce, a specimen for each class, and a fee per class.Required
After 5 years of continuous useSection 15 Declaration of IncontestabilityA form filed by the owner requiring a verified statement claiming incontestable rights as to the validity of the registration, and a fee per class.Optional
After 5 years of continuous use, between years 5 - 6Combined Section 8 Declaration of Use and Section 15 Declaration of IncontestabilityA form filed by the owner that combines two declarations, Section 8 and Section 15, into a single filing. See Section 8 and Section 15 descriptions above.Optional
Between years 9 - 10 (then every 10 years)Combined Section 8 Declaration of Use and Section 9 Application for RenewalA form filed by the owner that combines two declarations, Section 8 and Section 9. See Section 8 description above. Section 9 is a request to renew the registration before it expires, and a fee per class.Required