A practice manual for maintaining United States trademark registrations. The most common reason a US mark dies is not an unpaid renewal fee but a missed declaration of use. In most countries a single renewal fee every ten years is the whole obligation; in the United States the owner must also prove, between the fifth and sixth years after registration, that the mark is still in use. And that deadline cannot be restored.
1. At a glance
- System type
- Declarations of use plus a ten-year renewal cycle
- Anchor date
- Registration date
- First deadline
- §8 declaration of use at years 5-6 Proof of use, not a renewal
- Renewal deadline
- Combined §8/§9 at years 9-10, then every ten years
- Filing window
- One year before each deadline — earlier filings are not accepted
- Grace period
- 6 months at US$100 per class
- Restoration
- None — refiling is the only route
- Madrid designations
- §71 on the US registration date, plus WIPO renewal
- Reduction
- None — there is no small-entity discount for trademarks
- Risk level
- High
2. Anchor date and due-date calculation
Every deadline is calculated from the registration date, not the filing date. Deadlines fall on the anniversary itself, and where that day is a weekend or a District of Columbia holiday, the period runs to the next business day.
Worked example
For a US national registration dated 2023-03-10 the maintenance schedule is as follows.
| Stage | Filing | Window opens | Due | Grace ends |
|---|---|---|---|---|
| 1st | §8 declaration of use | 2028-03-10 | 2029-03-10 | 2029-09-10 |
| 2nd | Combined §8 + §9 (renewal) | 2032-03-10 | 2033-03-10 | 2033-09-10 |
| 3rd | Combined §8 + §9 | 2042-03-10 | 2043-03-10 | 2043-09-10 |
| … | Repeating every ten years | … | … | … |
3. Three clocks — §8, §9 and §71
| Filing | What it proves | When | Where |
|---|---|---|---|
| §8 | Declaration that the mark is in use on the listed goods | Years 5-6 after registration, then the final year of each ten-year cycle | USPTO |
| §9 | Renewal — a further ten-year term | Years 9-10 after registration, then every ten years | USPTO |
| §71 | Declaration of use for a Madrid designation | Years 5-6 from the US registration date, then the final year of each ten-year cycle | USPTO |
| Renewal (Madrid designations) | Renewal of the international registration | Every ten years from the international registration date | WIPO |
4. Grace period and surcharge
| Item | Detail |
|---|---|
| Grace period | 6 months from each deadline |
| Surcharge | US$100 per class |
| Both §8 and §9 in grace | US$650 combined plus a surcharge on each, i.e. US$850 per class |
| If not filed | The registration is cancelled or expires — no restoration |
5. Lapse and restoration
Miss the grace period and the registration is cancelled or expires. The office states expressly that it has no authority to waive these deadlines. Since refiling is the only route back, US cases are safer managed to the window opening date as the effective deadline, treating the grace period as unavailable.
6. Post-registration audit — filing is not the end
A declaration of use may be selected for audit, at random or otherwise. Where it is, the office issues an action asking for further evidence on some of the listed goods, and a fresh six-month response period begins. The matter therefore cannot be closed at the moment of filing; the docket has to stay open through the period in which an audit action can arrive.
- Scope: registrations with four or more goods in a single class, or with two or more goods in each of two or more classes, are eligible for random audit.
- Response: within six months of the action, either produce evidence or delete the goods concerned.
- Deletion cost: deleting goods at the audit stage costs US$250 per class.
- No response: the entire registration may be cancelled.
- Practice: listing only goods actually in use at the time of the declaration reduces both audit exposure and deletion cost.
7. §15 — an option, not a deadline
A mark used continuously for five years after registration can be declared incontestable under §15. It is optional, so missing it does not kill the right. Because it can be filed at the same time as the §8, handling both together saves a round of procedure. Docket it as a recommendation rather than a deadline.
8. Official fees
Fees effective 2025-01-18, per class for electronic filing. There is no small-entity reduction for trademarks.
| Item | Fee (per class) |
|---|---|
| §8 declaration of use | US$325 |
| §9 renewal | US$325 |
| Combined §8 + §9 | US$650 |
| §71 declaration of use (Madrid designations) | US$325 |
| §15 incontestability declaration (optional) | US$250 |
| Grace surcharge | US$100 |
| Deleting goods at the audit stage | US$250 |
9. Management checklist
- The registration date, from which every deadline is calculated. For Madrid designations record the US registration date separately from the international one.
- Whether the case is a US national registration or a Madrid designation, which decides between §9 and §71.
- The class count and the list of goods in each class, which drive both the fee and the audit exposure.
- The window opening date for each deadline, before which nothing can be filed.
- Confirm actual use with the client before declaring; leaving unused goods on the list creates cost at audit.
- Do not close the matter on filing — watch for an audit action, which opens a fresh six-month deadline.
- Do not plan around the grace period, because there is no restoration.
Sources, cut-off date and disclaimer
This manual is based on iphere's August 2026 survey of country-by-country overseas maintenance rules, together with values produced by the deadline engine that runs on those same rules. Official fees and deadline rules change by office notice, so please confirm against the official source and your local agent before any actual payment or filing.