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January 28, 2026
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ByBhakti S
Trademark Registration and Renewal in the USA: A Complete Guide
Introduction
Many business owners believe that once a trademark is registered in the USA, it is protected forever. In reality, trademark registration is not a one-time task. In the United States, a trademark remains valid for ten years, but only if you meet specific filing and renewal requirements set by the United States Patent and Trademark Office (USPTO).
At Ebizfiling, we often see businesses lose valuable trademark rights simply because they missed a deadline or misunderstood renewal rules. This guide explains how trademark registration and trademark renewal work in the USA, the key deadlines you must track, and why timely compliance is critical to protecting your brand.
How Long Is a Trademark Valid in the USA?
A registered trademark in the USA is valid for 10 years from the registration date. However, maintaining that registration requires ongoing proof that your trademark is still being used in commerce. If the required filings are not submitted on time, the USPTO will cancel the trademark, and the protection you worked hard to secure will be lost.
Key Trademark Renewal Deadlines You Must Know
Trademark renewal in the USA follows a strict timeline. Missing even one filing window can lead to cancellation.
Between Years 5 and 6: Trademark owners must file a Section 8 Declaration of Use. This filing confirms that the trademark is still actively used in commerce for the registered goods or services.
Between Years 9 and 10 (and every 10 years thereafter): Trademark owners must file a combined Section 8 Declaration of Use and Section 9 Application for Renewal. This extends trademark protection for another ten years.
Grace Period: The USPTO allows a six-month grace period after each deadline. However, late filings come with additional government fees per class.
How to Renew a Trademark in the USA?
Trademark renewal is done online through the USPTO’s Trademark Electronic Application System (TEAS). The process includes several important steps.
First, trademark owners must closely monitor deadlines and ensure that their contact details with the USPTO are up to date. Next, they must collect valid proof of use, also known as specimens. These may include product packaging, labels, website screenshots, advertisements, or invoices showing the trademark in use.
Once the documents are ready, the renewal application is filed online through TEAS, and the required government fees are paid. Fees vary depending on whether you are filing Section 8 alone or a combined Section 8 and Section 9 application.
USPTO Filing Fees for Trademark Renewal
As of current USPTO guidelines:
- Section 8 Declaration of Use: $225 per class
- Section 9 Application for Renewal: $300 per class
- Combined Section 8 and 9 filing: $525 per class
- Grace period filings include additional charges
These are government fees and do not include professional assistance costs.
Why Trademark Renewal Is So Important?
Trademark renewal is not just a formality. It directly affects your legal rights and brand value. Renewing your trademark ensures that your exclusive rights remain active and enforceable. It confirms to the USPTO and the public that your brand is still in legitimate commercial use.
Most importantly, it prevents competitors from registering similar or identical marks if your trademark lapses. At Ebizfiling, we often advise clients that missing a renewal deadline can undo years of brand-building in a single moment.
How Ebizfiling Helps with Trademark Registration and Renewal?
Trademark filings involve strict documentation standards and timelines. At Ebizfiling, we assist businesses with trademark registration, deadline tracking, renewal filings, and compliance support to ensure your brand stays protected without interruptions.
Whether you are registering a new trademark in the USA or renewing an existing one, our experts help you avoid costly mistakes and missed deadlines.
In short ,
Trademark registration in the USA is not a one-time task. It is an ongoing responsibility that protects your brand’s identity, reputation, and legal rights in the marketplace. Missing key maintenance filings, such as the Section 8 Declaration or trademark renewal under Section 9 can lead to cancellation, even if your brand is actively used.
At Ebizfiling, we help businesses stay compliant with USPTO deadlines, prepare accurate filings, and maintain trademark protection without confusion or last-minute stress. Whether you are registering a new trademark or renewing an existing one, staying proactive is the key to keeping your brand legally secure in the USA.
Suggested Read :
Grounds for refusal of a Trademark Registration in India under Section 9 and 11
Passing Off Vs Infringement: Key Differences in Trademark Law
Geographical Indications vs Trademarks
Trademark Assignment vs Ownership Transfer: What You Must Know
Trademark Renewal Delays: Legal Impact and Costs
FAQs: Trademark Registration and Renewal in the USA
1. Is trademark registration mandatory in the USA?
No, trademark registration is not mandatory, but registered trademarks receive stronger legal protection and enforcement rights.
2. How long does trademark registration last in the USA?
Trademark registration lasts 10 years, provided all maintenance and renewal filings are completed on time.
3. What happens if I miss my trademark renewal deadline?
If you miss the deadline and grace period, the USPTO will cancel your trademark registration.
4. What is a Section 8 Declaration of Use?
It is a filing that confirms your trademark is still actively used in commerce, required between the 5th and 6th year after registration.
5. What is a Section 9 trademark renewal?
Section 9 extends trademark protection for another 10 years and is filed along with Section 8 between years 9 and 10.
6. Can I renew my trademark online?
Yes, trademark renewal must be filed online using the USPTO’s TEAS system.
7. What proof is required for trademark renewal?
You must submit specimens showing the trademark’s current use, such as labels, packaging, or website screenshots.
8. Is there a grace period for trademark renewal?
Yes, the USPTO allows a six-month grace period with additional government fees.
9. Can someone else register my trademark if it expires?
Yes, once your trademark lapses, competitors may register similar or identical marks.
10. Can Ebizfiling manage trademark renewal deadlines?
Yes, Ebizfiling assists with trademark monitoring, renewal filings, and USPTO compliance support.
What is the Trademark Registration in the USA?
Secure Your Brand Name Under US Law
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