Securing a trademark registration with the United States Patent and Trademark Office (USPTO) is a vital step in protecting your brand. However, many business owners mistakenly believe that once their trademark is registered, their work is done. In reality, maintaining that protection requires ongoing responsibility—particularly through Post-Registration renewal filings.
Trademark rights are not indefinite by default. They must be actively preserved through periodic legal filings. Missing a Post-Registration deadline can lead to cancellation of your registration, putting your brand and business reputation at risk. In this article, we’ll explore the importance of Post-Registration renewal, what’s required, and how to stay compliant.
What Is Post-Registration Renewal?
Post-Registration renewal refers to the mandatory filings required after a trademark has been officially registered. These filings ensure that the mark is still in use in commerce and that the trademark owner intends to maintain legal protection.
The USPTO has established a schedule for when these renewals must be submitted:
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Between the 5th and 6th year after registration:
File a Section 8 Declaration of Use, which confirms that the trademark is still in active use and includes a sample (specimen) of that use. -
Between the 9th and 10th year after registration, and every 10 years after that:
File a Combined Section 8 and Section 9 filing, which includes proof of use and a formal request to renew the trademark for another 10 years. -
Optional Section 15 Declaration of Incontestability:
This can be filed after 5 years of continuous use, granting stronger protection by making the trademark more difficult to challenge in court.
Why Post-Registration Renewal Matters
1. Trademark Rights Are Conditional
Trademark rights are not guaranteed forever. The USPTO requires ongoing evidence that the trademark is being used in commerce. Filing Post-Registration renewals is the only way to prove continued use and preserve your legal rights.
2. Avoids Cancellation Without Warning
If you fail to submit required renewal documents within the designated time frame, the USPTO will cancel your registration—often without prior notice. This can open the door for competitors to register similar marks or infringe on your brand.
3. Preserves Brand Exclusivity
Your trademark distinguishes your products or services from others in the marketplace. Timely renewals protect this exclusivity, ensuring that no one else can legally use a similar name, logo, or slogan in your industry.
What Happens If You Miss a Renewal Deadline?
The consequences of missing a Post-Registration deadline are serious:
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Loss of Legal Protection: Once canceled, your trademark no longer enjoys federal protection.
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No Legal Recourse for Infringement: Without an active registration, it becomes much harder to enforce your rights in court.
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Reapplication Is Required: You’ll need to refile a new trademark application, potentially losing your original priority date and risking rejection if another similar mark has since been registered.
Common Mistakes in Post-Registration Renewal
Many trademark owners unintentionally allow their registrations to lapse. Common pitfalls include:
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Failing to Track Deadlines: Deadlines can be years in the future, making them easy to forget.
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Assuming Trademarks Are “Forever”: Unlike copyrights, trademarks require active maintenance.
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Incorrect or Incomplete Filings: Submitting inaccurate or incomplete information can lead to rejection or cancellation.
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Lack of Specimen: Not providing acceptable proof of use can invalidate your filing.
How to Stay Compliant with Post-Registration Filings
1. Use a Trademark Docket or Calendar
Create a system that tracks every trademark you own, along with renewal deadlines and filing requirements. Set reminders well in advance—ideally 6 months before a deadline.
2. Work with a Trademark Attorney
Attorneys not only ensure timely filings, but they also help prepare proper documentation, respond to USPTO queries, and guide you if your trademark use has changed or paused.
3. Keep Evidence of Use Updated
Always maintain current samples of how your trademark is used in commerce—such as on packaging, websites, product labels, or promotional materials. This helps when it’s time to file a Section 8 or Section 9 renewal.
4. Audit Your Trademark Portfolio Annually
For businesses with multiple trademarks, conduct an annual review to verify usage, assess brand strength, and prepare for upcoming renewals.
Cost of Post-Registration Filings
As of now, USPTO filing fees are:
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Section 8 Declaration (5th–6th year): $225 per class
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Combined Section 8 and 9 (every 10 years): $525 per class
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Section 15 (Optional): $200 per class
Late filings (within a 6-month grace period) incur additional fees. After that, the trademark is canceled and cannot be reinstated.
Final Thoughts: Trademark Protection Doesn’t Stop at Registration
Registering your trademark is a major step in protecting your intellectual property, but it’s just the beginning. Post-Registration renewals are essential for keeping your trademark enforceable, protecting your reputation, and maintaining your brand’s legal exclusivity.
Ignoring these obligations can lead to cancellation, reapplication costs, and loss of rights that took years to secure. Don’t leave your brand vulnerable—stay ahead of renewal deadlines and treat Post-Registration filings as a critical part of your long-term business strategy.
For full peace of mind, consider partnering with a trademark attorney or filing service that monitors deadlines and ensures compliance, so your brand stays protected year after year.
