When Is It Due?

Reference · Deadlines

When U.S. trademark registrations need maintenance and renewal filings

For a standard U.S. trademark registration, the first required maintenance filing falls between the fifth and sixth anniversaries. Maintenance and renewal then fall between the ninth and tenth anniversaries and recur every ten years. Madrid Protocol U.S. extensions use a separate declaration and an international renewal clock.

Sources checked

When Is It Due? Editorial Team

The first and recurring U.S. maintenance windowsU.S. trademark maintenance and Madrid Protocol renewal windows
  1. Years 5 to 6
    First Section 8 declaration for a regular registration, or first Section 71 declaration for a U.S. Madrid extension.

    Source 1

  2. Years 9 to 10
    Section 8 and Section 9 for a regular registration. Section 71 for a Madrid U.S. extension.

    Source 1

  3. Years 19 to 20 and every ten years thereafter
    Repeat the applicable U.S. filings.

    Source 1

  4. Every 10 years from international registration
    Renew a Madrid registration with WIPO’s International Bureau.

    Source 2

Madrid international renewal has its own registration date.

Source 1 Source 2

The first filing preserves the U.S. registration

Section 8 generally requires a declaration of continued use or excusable nonuse, the applicable fee and specimens where required. Its first ordinary window opens at year five and ends at year six. The USPTO says failure to file a required declaration can cause cancellation. Source 1

The tenth anniversary pairs maintenance and renewal

For a regular registration, Section 9 renewal coincides with the second Section 8 declaration. The USPTO provides a combined form. The same one-year filing window recurs before each later tenth anniversary. The six-month grace period carries an extra fee. Source 1

A Madrid extension has both a U.S. and an international record

File Section 71 with the USPTO using the U.S. extension registration date. The international registration is renewed with the International Bureau using the date the bureau issued it. The USPTO can cancel the U.S. extension if the underlying international registration expires. Source 2 Source 1

A Section 15 declaration is voluntary

An owner who meets the conditions for incontestability may use a combined Section 15 form with an applicable maintenance filing. The required declaration still has to be submitted by the relevant date. The USPTO’s form guidance separates the optional status from the recurring requirements. Source 1 Source 2

Sources

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