You must do these things to maintain your registration:
- Continue to use your trademark in interstate commerce.
- File your registration maintenance documents with us, and pay the required fees, at the required times.
- Keep your correspondence information updated.
If you don’t continue using your trademark in interstate commerce, you won’t be able to file the required documents to keep your registration alive, except in rare circumstances.
If you don’t submit your maintenance documents and fees by the deadline, your registration will expire or be canceled. If that happens, you’ll need to start the application process over to have nationwide protection for your trademark. You must file required maintenance documents and pay the associated fees at specific time intervals after registration. Read the definitions for maintaining a trademark registration.
If you don’t keep your email address current, you will not receive important notices. Use the Change Address or Representation form.
See below for the forms to use for maintaining a federal trademark registration based on use in commerce or a foreign registration. For information and forms regarding a Madrid Protocol registration read about maintaining a federal trademark registration based on the Madrid Protocol.
Maintenance forms
| Due | Filing | Description | Required/Optional |
|---|---|---|---|
| Between years 5 - 6 | Section 8 Declaration of Use | A form filed by the owner requiring a verified statement of use in commerce, a specimen for each class, and a fee per class. | Required |
| After 5 years of continuous use | Section 15 Declaration of Incontestability | A form filed by the owner requiring a verified statement claiming incontestable rights as to the validity of the registration, and a fee per class. | Optional |
| After 5 years of continuous use, between years 5 - 6 | Combined Section 8 Declaration of Use and Section 15 Declaration of Incontestability | A form filed by the owner that combines two declarations, Section 8 and Section 15, into a single filing. See Section 8 and Section 15 descriptions above. | Optional |
| Between years 9 - 10 (then every 10 years) | Combined Section 8 Declaration of Use and Section 9 Application for Renewal | A form filed by the owner that combines two declarations, Section 8 and Section 9. See Section 8 description above. Section 9 is a request to renew the registration before it expires, and a fee per class. | Required |