Trademark Maintenance: Keeping Your U.S. Registration Active

Registering your trademark is an important milestone, but it’s not the end of the process. To keep your U.S. registration active, the USPTO requires periodic maintenance filings at specific intervals. Missing these deadlines can result in cancellation of your registration, so it’s important to stay on schedule.

Between the 5th and 6th Year: Proof of Use (Section 8 Declaration)

After your trademark has been registered for five years, you must confirm that it’s still actively used in commerce by filing a Section 8 Declaration of Use. This filing shows that your mark isn’t just sitting unused — it continues to identify your products or services in the marketplace. To complete it, you’ll need to provide at least one specimen of use per class, such as:

• Website screenshot showing the mark near the goods or services;
• Product packaging, labels, or tags;
• App store listings or marketing materials.

You can also choose to file a Section 15 Declaration of Incontestability at this stage (if your mark has been in continuous use for five years). This optional filing gives your registration stronger legal protection and makes it more difficult for others to challenge your rights.

Between the 9th and 10th Year: Renewal (Sections 8 + 9)

Every ten years, you must renew your trademark by filing a combined Section 8 & 9 Declaration. This confirms ongoing use and extends your registration for another decade. You’ll again need to provide 1–2 current examples showing use of your mark for each class (such as product photos, website screenshots, or invoices).

If the renewal isn’t filed on time, your registration will expire. The USPTO allows a six-month grace period for late filing (with an additional government fee), but it’s best not to rely on it.

How Skala Can Help

On Skala, we guide clients through the entire trademark lifecycle — from clearance searches and filings to responding to USPTO office actions and enforcing rights against infringers. Whether you are a startup choosing your first brand name or an established company expanding internationally, our team ensures your brand remains secure.

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