U.S. federal and international trademark registrations require payment of periodic fees and filings to stay active. In the U.S., maintenance includes reviewing actual use and submitting the correct documents, evidence, and fees. It is more than paying a renewal charge, and receiving a reminder is not a condition of the owner's filing obligation. Internationally, most foreign jurisdictions only require payment of a periodic fee (usually every 10 years), and registrations are subject to cancellation by a third party if not used in that foreign country within a prescribed time period.
Common U.S. federal filing windows
For registrations based on Section 1 or Section 44, the usual schedule is measured from the registration date:
| Window | Usual filing |
|---|---|
| Between years 5 and 6 | Section 8 declaration of use or excusable nonuse. |
| Between years 9 and 10 | Combined Sections 8 and 9 declaration and renewal. |
| Every 10 years afterward | Further combined Sections 8 and 9 filings. |
A six-month grace period is generally available with additional fees. Madrid Protocol registrations use a different combination of U.S. Section 71 filings and international renewal requirements. Confirm the basis and actual deadline for each registration.
Review use before signing
Gather current examples of how the mark appears on the goods or in connection with the services. Review every item listed in the registration, identify discontinued offerings, and discuss any period of nonuse. Do not assume that use on one product supports every item in a class.
Also check the registered owner, address, mark depiction, and any changes to the business. Ask whether ownership changes or revised branding require separate action.
Is Section 15 the same as renewal?
No. A Section 15 declaration is an optional filing for eligible Principal Register registrations that meet statutory conditions, including qualifying continuous use. It can strengthen certain rights but does not replace required maintenance and does not make a mark immune from every challenge.
Prepare for a maintenance discussion
Provide the registration number, certificate, prior maintenance filings, current product or service examples, and any USPTO notice. List any goods or services that have changed since registration. Contact Lowry Blixseth APC to discuss your records and next steps.
If your concern involves a competing mark or a demand letter, visit our trademark enforcement guide.
Discuss your trademark
Contact Lowry Blixseth APC in Agoura Hills to discuss your brand, application, or trademark dispute.