Key Deadlines (Section 8 & 15)
Trademark rights in the US differ from patents; they can last forever if maintained. However, "maintenance" requires strict filings.
Between Year 5 and 6: You must file a Section 8 Declaration of Use. This proves you are still using the mark. You can also file a Section 15 Declaration of Incontestability if eligible.
Every 10 Years: You must file a Combined Section 8 & 9 Renewal Application.
Proof of Use Requirements
The USPTO has cracked down on fraudulent specimens. When you renew, you must submit a specimen showing the mark currently in use in commerce for the goods listed.
Tip: If you have 50 items listed in your registration but only sell 10 today, you must delete the other 40 from the registration. Filing for goods you no longer sell is fraud and can invalidate the entire registration.
Auditing Your Portfolio
Renewal time is the perfect opportunity to audit a portfolio. Ask:
- Has the logo design changed? (You may need a new filing).
- Has the owner address changed?
- Is the ROI on this brand still positive?
The Cost of Abandonment
Missing a renewal deadline effectively kills the registration. Resurrecting it is often impossible after the grace period. You would have to re-file a brand new application, losing your original priority date and exposing yourself to new competitors who may have entered the market in the interim.