A federal trademark registration does not renew automatically. Knowing how to renew a trademark means tracking the correct USPTO filing window, proving continued use, and submitting accurate ownership and goods information before the deadline passes.
For many businesses, the renewal itself is straightforward. The risk is usually not the form – it is filing late, using an unacceptable specimen, listing goods or services no longer offered, or overlooking a change in ownership or address.
When do you need to renew a trademark?
Most U.S. trademark registrations require a maintenance filing between the fifth and sixth anniversary of registration, then another filing between the ninth and tenth anniversary. After that, maintenance is due every 10 years, calculated from the registration date.
The first required filing is a Section 8 Declaration of Use. It tells the USPTO that the registered mark is still being used in U.S. commerce for the goods or services in the registration.
At the 10-year point, the registrant generally files a combined Section 8 Declaration of Use and Section 9 Renewal Application. The same combined filing is due during every later 10-year renewal window.
The USPTO provides a six-month grace period after each regular deadline window. A filing during the grace period requires an additional government fee, and waiting until then leaves little room to correct a rejected submission. If the required declaration or renewal is not filed by the end of the grace period, the registration can be canceled or expire.
What about a Section 15 declaration?
A Section 15 Declaration of Incontestability is optional and is not a renewal. It may be available after a mark has been in continuous use for five years following registration, provided other legal requirements are met.
Businesses often file Section 15 with their first Section 8 declaration because the timing can align. It can provide evidentiary benefits in certain disputes, but it does not eliminate every challenge to a registration and does not replace future maintenance filings.
How to renew a trademark with the USPTO
To renew a trademark, review the registration, confirm current use for each listed item, gather a valid specimen, and file the applicable declaration or renewal through the USPTO. The submission must be signed by someone authorized to verify the facts, and the USPTO can review and question the filing.
Start with the registration itself, not simply the brand as it appears today. A renewal filing covers the mark, owner, and specific goods or services identified in the federal registration. It is not an opportunity to broaden the registration to cover new products, new services, or a redesigned logo.
1. Confirm who owns the registration
The named owner must be correct before a maintenance filing is made. If the business was sold, reorganized, converted to a new entity, or transferred to another owner, the assignment record may need attention.
A change in mailing address alone is different from a transfer of ownership. Still, current contact information matters because missed USPTO correspondence can create a preventable deadline problem.
2. Review every listed good and service
The registrant must be using the mark in commerce for the goods and services claimed in a Section 8 filing, unless a narrow exception applies. If a business stopped selling a listed product or no longer provides a listed service, that item generally should be deleted rather than verified as still in use.
This review can be more involved than it sounds. A registration may use wording that is broader or more technical than a company’s current website, packaging, or sales materials. The question is whether the actual use supports each item in the registration, not whether the business still uses the brand in some general sense.
3. Choose a specimen that shows trademark use
A specimen is real-world evidence showing the mark as customers encounter it in connection with the registered goods or services. For goods, acceptable examples may include product labels, packaging, tags, or point-of-sale displays. For services, a website, advertisement, brochure, or other material may work if it clearly associates the mark with the services and shows the services are offered in commerce.
A logo floating at the top of a webpage, a social media profile, or an internal document may not establish the required connection. The USPTO also looks at whether the specimen appears authentic and whether it was in use during the relevant period.
4. File the correct maintenance documents
The filing depends on the registration’s age. The USPTO’s electronic system is used for Section 8 declarations, Section 9 renewals, and optional Section 15 declarations.
The filing includes declarations made under penalty of law. That is why a renewal should not be treated as a routine administrative click-through. If the business has changed, narrowed its offerings, licensed the mark, or has uncertain evidence of use, those facts can affect what should be filed.
5. Watch for USPTO correspondence after filing
A maintenance filing is not necessarily complete the moment it is submitted. The USPTO may issue an inquiry or refusal, often involving the specimen, identification of goods or services, or ownership information.
A response deadline will appear in the correspondence. Missing it can jeopardize the registration even when the renewal was filed on time.
What happens if you are no longer using the mark?
You should not claim use for goods or services that are no longer offered under the mark. The appropriate course may be to delete discontinued items, and in some situations a registration may need to be allowed to lapse.
There are limited situations in which temporary nonuse can be excusable, but the standard is specific and fact-dependent. A business should not assume that a pause in sales, a supply interruption, or a planned relaunch automatically preserves every item in a registration.
A registration can also be vulnerable if its owner submits an inaccurate declaration of use. Being precise at renewal protects the registration’s credibility and avoids representing broader rights than the business can support.
Should you renew yourself, use a filing service, or hire an attorney?
The right option depends on how clean the record is and how confident the owner is about use, specimens, and ownership. A straightforward registration with clear, current evidence may require less review than a registration that has changed hands, covers multiple classes, or includes discontinued offerings.
| Option | What it generally includes | What the owner still needs to assess | When it may fit | | — | — | — | — | | File directly with the USPTO | Access to the government forms and filing process | Filing window, legal declarations, specimen quality, ownership, and responses to USPTO issues | Owners who understand the registration and have clear evidence of use | | Use a document-filing service | Form preparation or guided submission, depending on the provider and package | Whether the service includes legal review, advice, a specimen analysis, or handling of USPTO correspondence | Routine filings where the scope of assistance is clearly understood | | Work with a trademark attorney | Legal review of the registration, use evidence, filing requirements, and USPTO issues within the agreed scope | Providing complete facts and current business materials | Registrations with changed ownership, uncertain use, multiple classes, or an office action |
A filing service can be useful for administrative support, but its scope varies. Before choosing one, review whether a licensed attorney will evaluate the specimen and declarations, whether responses to USPTO correspondence are included, and what happens if an issue is identified after submission.
For business owners in New Jersey and the surrounding metro area, a local trademark attorney can be convenient for discussing brand materials and company changes. Trademark renewals are federal matters, however, so a USPTO trademark attorney can assist owners throughout the United States.
Can you change your trademark during renewal?
No, a renewal filing cannot materially change the registered mark or add new goods and services. It maintains the existing registration only to the extent supported by continued use.
If a business has adopted a new logo, altered the wording of the mark, or expanded into substantially different offerings, it may need a separate registration strategy. The answer depends on how different the current branding and offerings are from what the original registration covers.
What if you missed a trademark renewal deadline?
If the regular filing window has closed, check immediately whether the six-month grace period remains open. A timely grace-period filing may preserve the registration, although additional government fees apply.
Once the grace period ends, the registration may be canceled or expire. There are limited procedures that may be available in certain circumstances, but they are not a substitute for timely maintenance and may not restore the same rights or priority position. Prompt legal review is sensible when a deadline has been missed.
Frequently asked questions
How early can I renew my trademark?
You generally cannot file a Section 8 declaration until the fifth anniversary of the registration date. The regular window stays open through the sixth anniversary, while the Section 8 and Section 9 renewal window opens one year before each 10-year anniversary.
Do I have to use every product and service in my registration?
No, but you must accurately identify what remains in use. Goods or services that are no longer offered under the mark generally should be deleted from the maintenance filing.
Does the USPTO remind me to renew?
The USPTO may send courtesy reminders, but the registration owner is responsible for meeting every deadline. Calendar the fifth-, sixth-, ninth-, and tenth-year milestones based on the registration date, then continue tracking each later 10-year window.
Can I submit a screenshot as a trademark specimen?
Sometimes, but only if the screenshot shows the mark used with the relevant goods or services in a way that meets USPTO requirements. A webpage should do more than display the mark – it should show the commercial connection required for the particular registration.
Is a Section 15 filing required to keep my registration active?
No. Section 15 is optional, while Section 8 and Section 9 filings are the maintenance documents that keep a registration active when filed properly and on time.
Treat the renewal calendar as part of brand management, not a task to revisit at the last minute. A short review of the registration and current use well before the filing window opens gives you time to address changes without putting valuable registration rights under unnecessary pressure.