Trademark Deadline Calculator

Understanding Trademark Maintenance Requirements

Unlike patents, trademarks can last forever - but only if you maintain them. The USPTO requires periodic filings to prove you are still using the mark in commerce. Miss a deadline and your registration is canceled.

Section 8 Declaration (Continued Use)

The Section 8 declaration is the most critical maintenance requirement. It is a sworn statement that you are still using the trademark in commerce.

• First filing: Due between the 5th and 6th year after registration
• Combined filings: Due with Section 9 renewal between years 9-10, then every 10 years
• Grace period: 6 months after the due date (with $100/class surcharge)
• Consequence of missing: Registration is canceled

You must submit a specimen (photo, label, screenshot, etc.) showing the mark being used in commerce on each class of goods/services.

Section 9 Renewal

Section 9 is the formal renewal of your trademark registration. It is always filed together with a Section 8 declaration.

• First renewal: Due between years 9-10 after registration
• Subsequent renewals: Every 10 years thereafter
• Grace period: 6 months after the due date (with $100/class surcharge)
• Filing window: Opens 1 year before the due date

Section 15 Declaration (Incontestability)

Section 15 is optional but highly valuable. It makes your trademark “incontestable,” which limits the grounds on which others can challenge it.

• Eligibility: After 5 years of continuous use following registration
• Best practice: File with your first Section 8 declaration
• No deadline: Can file anytime after becoming eligible
• No grace period: Not required, so no penalty for waiting

An incontestable registration cannot be challenged on grounds that the mark is:

• Merely descriptive
• Confusingly similar to a mark used before your filing date
• Primarily a surname

2025 Trademark Maintenance Fees

Note: Fees are per class. A trademark registered in 3 classes would pay 3x the per-class fee.

Filing Windows Explained

For Section 8 and Section 9 filings, there are three key dates:

1. Window opens: One year before the due date for renewals, or on the 5th anniversary for the first Section 8.
2. Due date: The 6th, 10th, 20th (etc.) anniversary of registration. Last day to file without surcharge.
3. Grace period ends: 6 months after the due date. Last day to file with surcharge before cancellation.

What Happens If You Miss a Deadline?

If you miss the due date, you have a 6-month grace period to file with a $100/class surcharge. If you miss the grace period:

• Your registration is canceled
• You lose the registration date priority
• You must file a new application (starting from scratch)
• Others may register confusingly similar marks in the meantime

Unlike patents, there is no petition to revive a canceled trademark registration. Prevention is the only cure.

Common Mistakes to Avoid

1. Using the wrong date: Deadlines are based on the registration date, not the filing date or publication date.
2. Missing the first Section 8: Many registrants forget this filing at years 5-6 because it comes before the 10-year renewal.
3. Inadequate specimens: The USPTO rejects Section 8 filings with specimens that do not clearly show the mark in use.
4. Wrong goods/services: You must show use for each class. If you stopped using the mark in a class, you must delete it.
5. Skipping Section 15: This optional filing significantly strengthens your rights at minimal cost.

Tips for Managing Trademark Deadlines

1. Set calendar reminders: Create alerts 13 months before each due date to catch the filing window opening.
2. File early in the window: Do not wait until the last month. The USPTO may request additional information.
3. Audit your use: Before each filing, confirm the mark is being used in commerce for each registered class.
4. Keep specimens: Maintain a folder of current specimens (labels, packaging, website screenshots) for each mark.
5. Consider Section 15: File for incontestability with your first Section 8 declaration if eligible.