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.
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.
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.
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.
As of current USPTO guidelines:
These are government fees and do not include professional assistance costs.
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.
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.
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.
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No, trademark registration is not mandatory, but registered trademarks receive stronger legal protection and enforcement rights.
Trademark registration lasts 10 years, provided all maintenance and renewal filings are completed on time.
If you miss the deadline and grace period, the USPTO will cancel your trademark registration.
It is a filing that confirms your trademark is still actively used in commerce, required between the 5th and 6th year after registration.
Section 9 extends trademark protection for another 10 years and is filed along with Section 8 between years 9 and 10.
Yes, trademark renewal must be filed online using the USPTO’s TEAS system.
You must submit specimens showing the trademark’s current use, such as labels, packaging, or website screenshots.
Yes, the USPTO allows a six-month grace period with additional government fees.
Yes, once your trademark lapses, competitors may register similar or identical marks.
Yes, Ebizfiling assists with trademark monitoring, renewal filings, and USPTO compliance support.
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