When Is a Trademark Renewal Due?

The short answer

These windows are generally calculated from the registration date, not from the date the application was filed. The USPTO provides a six-month grace period after certain maintenance deadlines for an additional fee, but owners should plan for the regular filing window rather than rely on the grace period.

Why the 5–6 year filing matters

Between the fifth and sixth anniversaries of registration, a typical U.S. registration must have a Section 8 declaration filed to show continued use in commerce, or qualifying excusable nonuse. A filing normally includes a declaration and evidence of use for the relevant goods or services.

What happens at years 9–10?

The first ten-year maintenance cycle combines two concepts: the Section 8 declaration addresses continued use, while Section 9 is the application to renew the registration. These are commonly filed together during the year before the tenth anniversary.

What should an owner check before filing?

• Confirm the registration owner information is current.
• Review the goods and services and make sure the mark is actually in use for what will be maintained.
• Prepare acceptable specimens showing current use in commerce where required.
• Check correspondence information so USPTO notices reach the right person.
• Check TSDR after filing to confirm acceptance or identify any office action.