A federally registered trademark doesn’t expire on its own—but it will be cancelled if you miss the mandatory maintenance and renewal filings. Many brand owners don’t realize this until it’s too late, discovering their registration has lapsed precisely when they need it most. Understanding the timeline, the documents required, and the consequences of inaction protects years of brand-building investment.
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The Trademark Maintenance Schedule
The USPTO’s maintenance schedule has several key windows. Between the 5th and 6th year following registration, you must file a Section 8 Declaration of Continued Use (or Excusable Non-Use). Between the 9th and 10th year after registration, you file both a Section 8 Declaration and a Section 9 Renewal application simultaneously. After that, renewals occur every 10 years.
There are grace periods—6 months after each deadline, with an additional fee—but relying on the grace period as standard practice is risky. The USPTO does not send reminder notices. Calendar management is entirely the registrant’s responsibility.
How to Renew Trademark USPTO Filings
To renew trademark USPTO records, you file through TEAS (the Trademark Electronic Application System). The process requires your registration number, a current specimen showing the mark in use for each class of goods or services covered, and the filing fee—currently $325 per class for the combined Section 8 and 9 filing through TEAS Plus.
The specimen must show the mark as currently used in commerce—a photograph of a product, a screenshot of a website, or packaging. A specimen from the original application is not acceptable; it must reflect current use.
Section 15 Incontestability
Alongside the Section 8 filing at the 5-year mark, registrants can also file a Section 15 Declaration of Incontestability. This optional but powerful filing declares that the mark has been in continuous use for 5 years and is not subject to certain challenges. An incontestable mark is significantly harder to cancel and carries more weight in litigation.
Trademark Renewal for Non-Use Registrations
If your mark is registered but temporarily not in use, you can claim excusable non-use in your Section 8 declaration rather than submitting a use specimen. Non-use must be excusable—circumstances outside your control—not simply a business decision to stop using the mark. Claiming excusable non-use without valid grounds risks cancellation.
What Happens If a Trademark Lapses
A lapsed registration loses all the legal benefits of federal registration: the right to use ®, nationwide priority, customs recording, and access to federal courts for infringement actions. After cancellation, the mark reverts to common law status, meaning protection is limited to the geographic areas where the mark is actually used.
Competitors and bad actors monitor lapsed registrations. In some industries, trademark squatters file for abandoned marks immediately after cancellation. Re-registering a previously cancelled mark is possible but requires rebuilding the registration from scratch and may face challenges from anyone who began using a similar mark during the lapse.
Key Takeaway
How to renew a trademark successfully comes down to systematic calendar management, accurate specimens, and prompt filing. A trademark monitoring or management service can handle these filings on your behalf, ensuring deadlines are never missed.
