How to Renew a Trademark Using USPTO’s Section 8 & 9

After years of building your brand, letting your trademark expire can undo all that work. Many business owners don’t realize registration isn’t permanent—it must be renewed at specific intervals, or it’s lost forever. Knowing how to renew a trademark correctly keeps your legal rights intact and avoids costly gaps in protection. The USPTO requires two key filings between the fifth and sixth year, then again around the ninth and tenth year: Section 8 (Declaration of Use) and Section 9 (Renewal Application). Miss either one, and your mark goes abandoned.

Know Your Deadlines

The first renewal window opens between the 5th and 6th year after registration. The next—and every decade after that—falls between the 9th and 10th year. These aren’t suggestions; they’re hard deadlines.

Mark both windows on your calendar early
Set reminders 60 and 30 days before each due date
Late filings are allowed but incur extra fees
Missing the grace period means starting over completely

File Section 8 First

Section 8 proves you’re still using your mark in real commerce. You must submit a signed declaration and a current specimen showing actual use with your registered goods or services.

Use a real photo or screenshot—not a mockup
Include the mark as it appears in your registration
Confirm sales have crossed state lines (for federal use)
Avoid invoices, business cards, or ads as proof

Submit Section 9 Together

Section 9 is the official renewal request. It renews your registration for another 10 years. The USPTO lets you file Sections 8 and 9 together during the same window to save time.

Pay the combined USPTO fee (around $525 per class in 2026)
Double-check your owner’s name and address match USPTO records
Update any changes through a formal amendment if needed
File even if you’ve made no changes—silence = abandonment

Don’t Skip the Incontestability Option

At the 5-to-6-year mark, you can also file a Section 15 Declaration of Incontestability. This strengthens your mark by blocking common legal challenges.

Only available if you’ve used the mark continuously for five years
Prevents others from claiming your mark is “merely descriptive.”
Adds weight to cease-and-desist letters
Doesn’t replace Sections 8 or 9—but pairs well with them

Watch for Ownership Changes

If your business structure changed—like forming an LLC after registering under your personal name—you must update ownership with the USPTO before renewing.

Assignments must be recorded officially
Unrecorded transfers can void your renewal
Keep owner info consistent across all filings
Update addresses separately if location changed

Use Monitoring to Stay Ahead

Even after renewal, new similar marks can pop up. Ongoing monitoring helps catch copycats early—before they build traction or confuse customers.

Set alerts for new USPTO filings in your class
Check state business registries quarterly
Watch online marketplaces for unauthorized use
Act fast with a cease-and-desist if needed

Keep Records Organized

Store copies of every filing, receipt, and specimen in one secure place. You’ll need them if the USPTO questions your use or if someone challenges your rights.

Save USPTO confirmation emails
Back up digital specimens with dates
Note first-use and continuous-use dates
Keep renewal receipts for tax or legal purposes

Bottom Line

Renewing a trademark isn’t just paperwork—it’s protecting your brand’s value. Done right, it secures your exclusive rights for another decade and deters copycats. Learning how to renew a trademark properly means staying on top of deadlines, submitting clean filings, and keeping your mark active in real commerce. Don’t wait until the last minute. Start early, double-check your details, and consider using a free trademark availability checker before each renewal to ensure nothing’s changed. A small effort now keeps your brand safe for years to come.