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Post-registration maintenance explained

Section 8 vs. Section 9 Trademark Filings

Section 8 and Section 9 are often mentioned together, but they do different jobs. Section 8 is fundamentally about continued use or qualifying excusable nonuse; Section 9 is the request to renew a federal trademark registration.

Published Aug. 29, 2026 • Reviewed against current USPTO guidance

Section 8: showing continued use

A Section 8 declaration is a required post-registration filing for many U.S. federal registrations. It tells the USPTO that the registered mark remains in use in commerce for the goods and services being maintained, or that qualifying excusable nonuse applies.

The first Section 8 filing is generally due between the fifth and sixth anniversaries of registration. A later Section 8 declaration is filed in connection with the ten-year renewal cycle.

Section 9: renewing the registration

Section 9 is the renewal application. The first Section 9 renewal is generally filed during the year before the tenth anniversary of registration, and then at ten-year intervals. Because a Section 8 declaration is also due at the ten-year point, the USPTO provides a combined Sections 8 and 9 filing.

Why use evidence matters

Maintenance filings are not simply fee payments. The registration should accurately reflect the goods and services for which the mark is actually in use, and the submitted specimen must meet the applicable requirements. The USPTO may audit post-registration filings and request proof of use for additional goods or services.

Section 15 is different again

A Section 15 declaration of incontestability is optional and has separate legal requirements. It is not a substitute for the required Section 8 filing. Some eligible owners file Sections 8 and 15 together around the five-year period, but whether Section 15 is appropriate is a legal question that should be evaluated for the particular registration.

Deadline calculations matter. Always work from the actual registration record and registration date. Different filing bases — especially Madrid Protocol registrations — can change which post-registration form applies.
Need to work from the actual registration record?

TM-REGISTER can help you identify the registration and route an assistance request for the applicable maintenance or renewal step.

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Official sources

General information only: TM-REGISTER is an independent private service and is not affiliated with or endorsed by the USPTO. This guide is educational and does not provide legal advice, a legal opinion, or a substitute for advice from a qualified trademark attorney. Requirements can vary by registration basis and circumstances.