Speak to an Attorney
713-802-9144

Maintaining the Trademark Registration.

Subject to the filing of §8 Declarations, federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods.

Section 8 Declaration of Use.

The owner of the registration must file a Section 8 Declaration during the following time periods:

  1. First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) between the 5th and 6th  years after the registration date. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period from the registration date, unless cancelled by an order of the Commissioner for Trademark or a federal court.
  2. Second Filing Deadline: File a Declaration of Use (or Excusable Nonuse) andan Application for Renewal between the 9th and 10th years after the registration date.

NOTE:  regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

Section 9 Renewal Application.

The owner must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.  NOTE regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. Because the time period for filing the 10-year §8 Declaration coincides with the filing of a §9 Renewal Application, the USPTO created a form entitled "Combined Declaration of Use in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9" ("combined form"). As noted above, the filing of timely §8 Declarations are required to avoid the cancellation of a registration.