Maintaining Your Registration
Important deadlines and requirements to keep your trademark active.
Critical: Missing deadlines can cancel your registration
Trademark registrations require active maintenance. If you miss a filing deadline, your registration may be cancelled. For each renewal, one specimen must be submitted for each class of the registration demonstrating use of the trademark in commerce for the goods or services of that class.
Maintenance Timeline
Required: Section 8 Declaration of continued use showing continued use of the trademark in commerce
Optional: Section 15 Declaration of Incontestability
Section 8 and 15 Declarations can be filed together
Declaration of continued use plus renewal application
First renewal period
Ongoing renewals to maintain registration indefinitely
Continue as long as the mark is in use
The Power of Incontestability
After 5 years of continuous use, you can file a Section 15 Declaration of Incontestability to make your mark "incontestable." This provides powerful legal benefits:
- Your mark cannot be challenged on grounds of being merely descriptive
- Conclusive evidence of your exclusive right to use the mark for the goods and/or services of the trademark registration
- Stronger position in enforcement and litigation
Best Practices for Trademark Maintenance
- Keep records of trademark use (dated specimens, invoices, advertisements)
- Set calendar reminders well before maintenance filing deadlines
- Maintain consistent use of the mark as registered
- Keep your contact information current with the USPTO
- Consider working with an attorney to manage maintenance filings
Need help managing your trademark maintenance requirements?
Get Maintenance Assistance