Section 9 Trademark Renewal: How to Renew Your Trademark at the 10-Year Mark

A federally registered trademark can last indefinitely. Unlike patents, which expire after a fixed term regardless of continued use, a trademark registration can remain active for as long as the mark is being used in commerce and its maintenance filings are made on time. One of the most important maintenance requirements is the Section 9 trademark renewal, which allows trademark owners to extend federal registration protection beyond the initial ten-year term. This is one of the most valuable features of federal trademark protection: a brand that becomes synonymous with quality and trust can hold trademark registration status for decades. For example, PRINCE OF PEACE has been a registered trademark since 2003, allowing the company to successfully create brand loyalty and strength for its ginger chews. 

But that longevity is not automatic. It depends on meeting a series of filing deadlines, the most significant of which arrives between the ninth and tenth years after registration. At this point, a trademark owner must file both a Section 8 Declaration of Continued Use and a Section 9 Application for Renewal. Together, these filings confirm that the mark is still in active commercial use and formally renew the registration for a successive ten-year term. Missing this combined deadline results in the expiration of the registration.

At Adams Law Office, attorney Sharon Adams helps trademark owners navigate every stage of the renewal lifecycle, from the initial Section 8 filing at year five through the Combined Section 8 and Section 9 filing at year ten and beyond. This blog explains what the Section 9 renewal involves, when it is due, how it relates to the Section 8 and Section 15 filings, and what trademark owners need to do to keep their registrations active for as long as they want them.

The Trademark Maintenance Timeline: A Full Picture

To understand the Section 9 renewal, it helps to see it in the context of the full trademark maintenance timeline. Every registered trademark on the USPTO’s Principal Register or Supplemental Register is subject to the following filing schedule:

• Between the 5th and 6th year after registration: Section 8 Declaration of Continued Use (required) 
• Anytime after 5 years of continuous use: Section 15 Declaration of Incontestability (optional and for Principal Register marks only).
• Between the 9th and 10th year after registration: Combined Section 8 Declaration of Continued Use and Section 9 Application for Renewal.
• Every 10 years after that: Combined Section 8 Declaration of Continued Use and Section 9 Application for Renewal (between the 19th and 20th years, 29th and 30th years, and so on for as long as the mark remains in commercial use and the owner wants to maintain the registration).

Each of these filings serves a specific function in the maintenance system. The Section 8 filings confirm that the mark is still actively being used in commerce, keeping the USPTO Register free from dead marks. The Section 9 Renewal filing extends the registration for successive ten-year terms. Missing any required filing results in cancellation or expiration of the registration.

For trademark owners who also filed a Section 15 Declaration of Incontestability, that filing does not need to be repeated. Incontestable status, once established, remains in effect as long as the registration is maintained and the mark continues to be used lawfully in commerce.

What Is a Section 9 Application for Renewal?

A Section 9 Application for Renewal is a formal request to renew a federal trademark registration for an additional ten-year term. It is governed by Section 9 of the Trademark Act, 15 U.S.C. Section 1059. Each trademark registration has a set registration date, and the Section 9 renewal window opens nine years after that date and closes ten years after that date. The USPTO permits a 6-month grace period to submit the Section 9 filing upon paying an additional USPTO filing fee.

Unlike the Section 8 Declaration, which only confirms continued use, the Section 9 Application formally applies to extend the legal term of the registration. The USPTO will examine the Section 9 filing and, if approved, will extend the registration. If the USPTO denies the Section 9 Application, or if the Section 9 filing is not made, the registration expires at the end of its current ten-year term. The mark loses its federal registration status, and the owner loses the legal presumptions and rights that come with that registration.

A trademark registration that has been cancelled generally cannot be revived. It is essentially impossible to revive a registration that is cancelled due to the owner’s failure to file the required documents. In limited circumstances, generally when the cancellation is due to USPTO error, it may be possible to revive a cancelled registration. 

Why Section 8 and Section 9 Are Always Filed Together at Year Ten

At the ten-year mark, trademark owners must file both a Section 8 Declaration of Continued Use and a Section 9 Application for Renewal. These two filings are almost always submitted together as a combined package. The USPTO provides a combined form for this purpose, and processing them together is standard practice.

Here is why both are required at year ten:

• The Section 8 Declaration confirms that the mark is currently in use in commerce. This is the same confirmation required at the five-to-six-year mark, but now it is due again as part of the ten-year cycle.
• The Section 9 Application formally renews the registration for the next ten-year term. Without this renewal application, the registration expires even if the Section 8 Declaration is filed.

After the ten-year mark, both filings continue to be required together every subsequent ten years. Each combined Section 8 and Section 9 filing confirms continued use and formally extends the registration for another ten years. This cycle can repeat indefinitely, giving a trademark registration potentially unlimited life as long as the mark remains in commercial use and the owner stays current on all required filings.

What Must Be Included in the Combined Section 8 and Section 9 Filing?

Preparing the combined Section 8 and Section 9 filing at year ten requires assembling several pieces of information and documentation:

• A review of all goods and/or services currently listed in the registration: Any goods or services for which the mark is no longer being used in commerce must be deleted from the registration. The owner cannot maintain a registration for goods or services if the mark is no longer being used to identify.
• A current specimen of use: The specimen must show the mark as it is currently used in commerce, in connection with the registered goods or services. Common specimens include product labels, packaging, website screenshots showing the mark being used in connection with the sale of goods or services, or promotional materials.
• The required filing fee: The USPTO charges per-class fees for the Section 8 and Section 9 combined filing. If the registration covers goods and services across multiple classes, fees apply for each class.
• Accuracy in ownership and contact information: If ownership of the mark has changed since registration, an assignment of the mark must be recorded with the USPTO before the renewal is filed. If contact information has changed, it should be updated.

The USPTO takes the accuracy of these filings seriously. Submitting a specimen of use that does not reflect actual current use, or failing to delete goods or services no longer in use, can expose the registration to an audit or a challenge. The USPTO randomly selects some registrations for post-registration audit following maintenance filings. Learn more about how USPTO trademark renewal audits work and what triggers them so you can be prepared if your registration is selected.

What Counts as a Valid Specimen of Use at Renewal?

Preparing a valid specimen of use is one of the most practically important aspects of the renewal filing. The specimen must show the mark in current commercial use, connected to the specific goods or services identified in the registration. Different types of goods and services require different types of specimens.

For goods (physical products), acceptable specimens typically include:

• Labels, tags, or packaging that display the mark in connection with the product.
• Product images showing the mark physically applied to the goods.
• Screenshots of an online store or e-commerce listing showing the mark in connection with the sale of the goods.

For services, acceptable specimens typically include:

• Website screenshots showing the mark being used in connection with the offering or advertising of the services.
• Advertising materials, brochures, or promotional items that display the mark in connection with the services.
• Signage, menus, or other materials showing the mark at a physical service location.

The USPTO will refuse a specimen that does not clearly show the mark in actual use in connection with the registered goods or services. A specimen refusal triggers a post-registration office action and can delay the renewal process. Working with a trademark attorney to select and prepare an appropriate specimen before filing reduces the risk of a refusal. Sharon Adams reviews specimens carefully for each renewal filing for compliance with the USPTO’s requirements.

For more detail on what qualifies as acceptable use for different categories of goods and services, read our blog on what qualifies as trademark use in commerce, with real specimen examples by industry.

What Happens If You Miss the Section 9 Renewal Deadline?

If you do not file the Section 9 Application for Renewal within the required window (between the ninth and tenth year after registration), your trademark registration will expire. The six-month grace period provides a cushion if the standard window is missed, but it comes with an additional surcharge fee. Filing during the grace period is still valid and will preserve the registration.

Filing after the grace period has ended results in the cancellation of the registration. Once cancelled, the registration cannot be reinstated or revived, except in very limited circumstances (for example, when the cancellation was due to USPTO error). To pursue federal trademark protection again, you will need to file an entirely new trademark application, go through the examination process from the beginning, and wait for a new registration to be issued. This means losing your original priority date, which could be significant if competitors have filed applications for similar marks in the years since your original registration.

Trademark registrations that have expired are often identified by competitors who may then attempt to register similar marks. Without an active registration, your ability to oppose competing applications is significantly diminished. An expired registration also eliminates the incontestable status that may have been established through a prior Section 15 declaration. In short, letting a registration expire is costly in multiple ways, and the cost grows over time.

The USPTO sends courtesy email reminders to the address of record before major filing deadlines. But if the email address on file is outdated, or if the reminder is missed, the deadline still applies. Moreover, the USPTO is clear that the email is a courtesy and that trademark owners should not rely on an email notification. Trademark owners are responsible for tracking their own maintenance deadlines. Working with a trademark attorney who monitors your registration dates is the most reliable way to ensure that no filing window is missed. {Link to trademark monitoring blog?}

The Grace Period: What It Is and When to Use It

The USPTO allows a six-month grace period after the standard filing window for both Section 8 and Section 9 filings. For the ten-year renewal, if the filing is not made between the ninth and tenth years, it can still be submitted within six months after the tenth anniversary with an additional surcharge fee per class of goods or services.

The grace period is a safety net, not a strategy. Filing during the grace period means the registration technically remains alive, but the additional surcharges add unnecessary cost, and relying on the grace period creates the risk of eventually missing even that extended window. Trademark owners who consistently file within the standard window avoid these additional costs and minimise risk.

If you are approaching the grace period for a Section 9 renewal and have not yet filed, contact a trademark attorney immediately. The sooner the filing is prepared and submitted, the more time there is to address any issues that arise before the grace period expires.

What Happens to Incontestable Status at the Ten-Year Renewal?

Trademark owners who established incontestable status by filing a Section 15 Declaration do not need to re-file a Section 15 Declaration at the ten-year mark. Incontestable status, once granted, remains in effect for as long as the registration is maintained through timely Section 8 and Section 9 filings and the mark continues to be used lawfully in commerce.

However, incontestable status can be lost. If the registration expires due to failure to file a timely Section 9 renewal, the incontestable status associated with that registration is lost along with the registration. If a new application is filed and ultimately registered, the new registration starts fresh without incontestable status. Five more years of continuous use in commerce would then be required before a new Section 15 Declaration could be filed.

This is one more reason why maintaining the registration through timely renewals is so important for trademark owners who have already achieved incontestable status. The loss of incontestability is a significant legal setback that takes years to reverse.

For trademark owners who have been in business for ten years but did not file a Section 15 Declaration at year five, the ten-year renewal is an excellent time to evaluate whether the mark now qualifies. If the mark has been in continuous use for five or more years, a Section 15 Declaration can be filed at any point within one year of any five-year period of continuous use. A trademark attorney can evaluate the specific history of your registration and advise on the timing.

Trademark Renewal and Business Ownership Changes

One of the most commonly overlooked issues at the ten-year renewal mark is a change in ownership that was never formally recorded with the USPTO. If a business was sold, merged, reorganized, or changed its legal structure since the trademark was originally registered, the ownership information in the USPTO’s records may no longer reflect the current owner of the mark.

The Section 8 and Section 9 renewal must be filed by the current owner of the registration. Filing under an incorrect ownership name can invalidate the filing. Before the renewal is submitted, trademark owners should verify that the current owner of the business is the same entity identified as the registrant in the USPTO’s records.

If ownership has changed, an assignment of the trademark should be recorded with the USPTO before or at the time of the renewal filing. An assignment formally transfers the trademark registration from the original owner to the new owner, and it should be recorded to ensure that the USPTO’s records reflect the current legal owner.

Failure to properly record an assignment before filing a renewal can create complications that are difficult and expensive to resolve later. If you have recently purchased a business that included trademark registrations, one of the first steps your trademark attorney should take is to review the USPTO records to confirm that ownership has been properly updated.

Scam Notices Targeting Trademark Renewals

As a registered trademark owner, you are publicly listed in the USPTO’s trademark database. This means your name and address are visible to anyone who searches the database, including bad actors who send fraudulent notices designed to look like official USPTO communications.

These scam notices often arrive by mail or email and claim that your trademark registration requires immediate renewal or payment. They may look official, use language similar to USPTO correspondence, and list fees that appear to be government filing fees. In fact, they are solicitations from private companies that have no affiliation with the USPTO. Paying these companies does not renew your trademark registration and does not result in any filing with the actual USPTO.

The official USPTO website address is uspto.gov. All official USPTO correspondence can be verified through your USPTO account or through a registered trademark attorney. If you receive a renewal notice that you are not sure about, contact your trademark attorney before making any payment. Learn more about protecting yourself in our blog on trademark renewal scams and how to recognize them.

The Long-Term Value of Keeping Your Trademark Registration Active

A trademark registration that is properly maintained over many years becomes an increasingly valuable business asset. As the mark continues to be used in commerce and successive renewal filings are made, the registration accumulates a history of use that strengthens its legal standing. Incontestable status, if established, closes off the most common legal challenges. And the longer the mark has been in continuous commercial use, the stronger the acquired distinctiveness argument becomes in any enforcement action.

For businesses that have built their brand over a decade or more, trademark registration is often one of their most important intellectual property assets. It is listed on balance sheets, valued in business acquisitions, licensed to franchisees or partners, and relied upon to prevent competitors from using confusingly similar names.

Letting that registration lapse through a missed renewal is one of the most preventable and costly mistakes a business owner can make. The cost of timely renewal filings is modest relative to the value of the protection they preserve. The cost of losing a registration and starting over, including the risk of losing priority to a competing application, can be far greater.

Explore our resources on trademark renewal for U.S. businesses: deadlines, audits, and use requirements and trademark renewal deadlines: what happens at the 5-year, 6-year, and 10-year marks for additional guidance on the full maintenance timeline.

How Adams Law Office Manages Trademark Renewals

Sharon Adams personally manages trademark renewals for her clients at Adams Law Office. She tracks registration dates, monitors the filing windows for every active registration, prepares the necessary specimens and documentation, and ensures that combined Section 8 and Section 9 filings are submitted on time.

For clients approaching the ten-year renewal mark, Sharon also reviews whether there are any changes that need to be addressed before the filing, such as ownership changes, updates to the goods and services listed, or the opportunity to file a late Section 15 Declaration if one was not filed at year five.

You can learn more about the full range of trademark maintenance and renewal services available at Adams Law Office on our trademark services page. If your trademark registration is approaching its tenth anniversary and you want to confirm that everything is in order, schedule a free 15-minute consultation with Sharon today.

Frequently Asked Questions

What is a Section 9 Application for Renewal?

A Section 9 Application for Renewal is a formal filing with the USPTO that renews a federal trademark registration for an additional ten-year term. It must be filed between the ninth and tenth years after the registration date and then every ten years thereafter. Without a timely Section 9 renewal, the registration expires at the end of the current ten-year term.

Do I need to file both a Section 8 and a Section 9 at the ten-year mark?

Yes. At the ten-year mark, both filings are required. The Section 8 Declaration confirms that the mark is still being used in commerce. The Section 9 Application formally renews the registration for the next ten-year period. Both are almost always filed together as a combined package.

What happens if I miss the Section 9 renewal deadline?

If the Section 9 renewal is not filed within the standard window, you have a six-month grace period with additional surcharge fees. If you miss even the grace period, the registration expires. An expired registration cannot be revived. You would need to file an entirely new trademark application to pursue federal protection again.

Is there a grace period for the Section 9 renewal?

Yes. There is a six-month grace period after the standard deadline during which the combined Section 8 and Section 9 filing can still be submitted with an additional surcharge fee. Filing during the grace period preserves the registration. 

How much does the Section 9 renewal cost?

The USPTO charges filing fees per class of goods or services for the Section 9 renewal. Additional surcharge fees apply if filing during the grace period. Sharon Adams can provide current fee information and advise on the total cost for your specific registration.

What specimen of use is acceptable for a Section 9 renewal?

The specimen must show the mark in current commercial use, connected to the specific goods or services identified in the registration. For goods, this typically means product labels, packaging, or e-commerce screenshots. For services, this means website screenshots, advertising materials, or signage showing the mark used in connection with the services. Sharon Adams reviews and selects appropriate specimens for every renewal filing.

What if some of my registered goods or services are no longer in use?

Goods or services for which the mark is no longer being used in commerce must be deleted from the registration when the Section 8 Declaration is filed. You cannot maintain registration for goods or services you are no longer actively using. Submitting a false declaration of continued use could expose the registration to a USPTO audit or a challenge for fraud.

What if ownership of my business has changed since the trademark was registered?

If the business has been sold, merged, or reorganised, you must ensure that ownership of the trademark has been formally recorded through an assignment at the USPTO before the renewal is filed. Filing a renewal under incorrect ownership information can invalidate the filing. Contact a trademark attorney to review the ownership history and record any necessary assignment before the renewal deadline.

How often do I need to renew my trademark after the ten-year mark?

After the ten-year mark, the combined Section 8 and Section 9 renewal must be filed every ten years for as long as the mark remains in commercial use and the owner wants to maintain the registration. The filing windows are between the 19th and 20th years, 29th and 30th years, and so on. A trademark registration can remain active indefinitely if renewals are filed consistently.

Will my incontestable status still be valid after the ten-year renewal?

Yes. Incontestable status is established by a Section 15 Declaration filed after five years of continuous use. The incontestable status remains in effect as long as the registration is maintained through timely Section 8 and Section 9 filings and the mark continues to be used lawfully in commerce. 

Can I file a Section 15 Declaration at the ten-year renewal if I did not file one at year five?

Yes. The Section 15 Declaration can be filed within one year of any five-year period of continuous use. If you missed the five-to-six-year window, you can file it anytime after five years of continuous use. A convenient time for this filing may be combining it with a Section 8 and Section 9 filing. A trademark attorney can evaluate your registration history and determine whether you are now eligible.

How do I know when my trademark renewal is due?

Your renewal window is calculated from the original registration date on your USPTO registration certificate. The first Section 8 and Section 9 combined renewal is due between the ninth and tenth anniversaries of that date. Sharon Adams tracks these deadlines for all her clients and provides advance notice of upcoming filing windows. You can also check your registration’s status and deadlines through the USPTO’s Trademark Status and Document Retrieval system.

Are scam renewal notices a real concern for trademark owners?

Yes. Private companies regularly send trademark owners notices that look like official USPTO communications and request payment for renewal services. These notices are not affiliated with the USPTO, and paying them does not renew your trademark registration. The only valid way to renew your trademark is by filing directly with the USPTO through a licensed trademark attorney or through the USPTO’s official TEAS system. Learn more about how to spot trademark renewal scams.

Why should I work with a trademark attorney for my renewal instead of filing on my own?

Trademark renewals require careful preparation: reviewing the registration for accuracy, selecting appropriate specimens of use, confirming current ownership, deleting unused goods or services, and ensuring the filing is submitted in the correct window. Errors in any of these areas can result in a specimen refusal, an audit, or an invalid filing. Sharon Adams personally manages these filings for her clients, ensuring they are done correctly and on time. Learn more about why working with a trademark attorney matters.

How can Adams Law Office help me with my ten-year trademark renewal?

Sharon Adams tracks registration dates, monitors the filing windows for every active registration, prepares the necessary specimens and documentation, reviews ownership records, and ensures that all filings are submitted on time. If you are approaching your ten-year renewal deadline, schedule a free 15-minute consultation with Sharon today to review your registration status and plan your next steps.

Can a trademark be renewed forever?

Yes. Unlike patents, trademark registrations can be renewed indefinitely as long as the mark remains in use in commerce and all required maintenance filings are submitted on time.

Do all trademark registrations require a Section 9 renewal?

Federal trademark registrations on both the Principal Register and Supplemental Register generally require Section 9 renewal filings at the ten-year mark and every ten years thereafter to remain active.

Can someone else register my trademark if my registration expires?

Potentially, yes. Once a registration expires, competitors may attempt to register similar marks. Losing a registration can also mean losing priority rights that were established through the original filing.

Does renewing a trademark create new trademark rights?

No. A Section 9 renewal does not create new rights. It extends the existing federal registration and preserves the legal benefits associated with that registration.

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