To maintain your federal trademark rights in the USA, you must pay the updated USPTO filing fees. A standard Section 8 declaration costs $325 per class, while a combined Section 8 and 9 renewal at the 10-year mark costs $650 per class. Filing during the 6-month grace period adds a strict late fee of $100 per section for each class.
Protecting your brand name, slogan, or logo is one of the most critical steps for any business operating in the USA. However, getting a registered federal trademark is not the end of your legal journey. To keep your registration active, you must thoroughly understand the exact USPTO filing fees for renewing a US trademark. Unlike a contentious civil lawsuit involving a plaintiff and a defendant arguing over liability, or seeking a multi-million dollar settlement, maintaining your trademark is purely a straightforward administrative process managed by the federal government. 📍
If you fail to file the correct maintenance forms and pay the required government fees on time, the United States Patent and Trademark Office (USPTO) will permanently cancel your registration. This guide explains the exact costs, timelines, and practical steps required to file your Section 8 and Section 9 maintenance documents accurately. If you find yourself overwhelmed by the strict federal deadlines, you can always browse our directory to easily find and hire an experienced intellectual property attorney.
Step-by-Step Process in the USA
When dealing with federal trademark registrations, the rules and fees apply uniformly across all 50 states. Whether your business is headquartered in Austin (Texas), Manhattan (New York), or Los Angeles (California), your filings go to the exact same federal agency: the USPTO in Alexandria, Virginia. Please note that trademark maintenance is exclusively a federal intellectual property matter; it does not involve state agencies like the local DMV, nor does it interact with other federal departments like the IRS or the EEOC. 🏢
Step 1: Gathering Documents and Proof of Use
Before you can renew your trademark, you generally need to prove to the government that your brand is currently being used in American commerce. You must collect a valid “specimen of use” for each class of goods or services listed in your registration. For physical goods, this is usually a clear photograph of your product packaging. For services, an acceptable specimen might be a screenshot of your official website.
Step 2: Filling Out the Required Forms
You must select the correct maintenance form based on the precise age of your trademark registration. Between the 5th and 6th year immediately following your initial registration date, you are legally required to file a Section 8 Declaration of Use. Later on, between the 9th and 10th year (and every subsequent 10 years after that), you will file a combined Section 8 and Section 9 registration renewal application. 📝
Step 3: Filing at the USPTO via TEAS
The USPTO mandates that almost all applicants file their maintenance documents electronically using the Trademark Electronic Application System (TEAS). Unlike traditional local court cases where a lawyer might worry about tolling a legal statute of limitations or dealing with complex family court disputes like alimony/spousal support and child custody, the trademark system operates on rigid, non-negotiable statutory deadlines. You simply log into your TEAS account, accurately fill out the digital questionnaire, and submit your payment.
How Much Does it Cost in the USA?
Following recent government rule changes effective in early 2025 and continuing into 2026, the USPTO implemented significant fee increases for post-registration maintenance. The exact financial burden depends heavily on how many international classes of goods or services your trademark covers. Here is a comprehensive breakdown of the standard federal costs: 💵
- Section 8 Declaration (5th-6th year): The current base fee is $325 per class.
- Section 9 Renewal (10th year): The fee for the renewal application is $325 per class.
- Combined Section 8 & 9 (10-year renewal): You will pay a total of $650 per class.
- Section 15 Declaration of Incontestability: Often filed simultaneously with the first Section 8, this optional form costs an additional $250 per class.
- Attorney Fees: Most private trademark attorneys charge a predictable flat rate ranging from $500 to $1,500+ to handle the entire renewal process.
If you miss your primary filing deadline, the USPTO generally provides a 6-month grace period to save your trademark. However, this safety net comes with severe financial penalties. The standard grace period surcharge is $100 per section, per class. This means if you file a combined Section 8 and 9 application late, you will be penalized with an extra $200 per class in non-negotiable late fees.
| Maintenance Filing Type | Standard USPTO Fee (per class) | Grace Period Late Fee (per class) |
|---|---|---|
| Section 8 Declaration Only | $325 | $100 |
| Section 9 Renewal Only | $325 | $100 |
| Combined Section 8 & 9 | $650 | $200 |
How Long Does the Process Take?
The timeframe for officially renewing your trademark depends entirely on how quickly the USPTO queue is moving. Generally, once you successfully submit your Section 8 or Section 9 documents through TEAS, the federal government takes approximately 1 to 3 months to assign an examiner and process the forms. 📅
If there is an issue with your submitted specimen of use or a minor technical mistake, the examining attorney will issue an Office Action. You will typically have a few months to respond with better evidence. If you successfully answer the Office Action and pay any required deficiency fees, the USPTO will formally issue a Notice of Acceptance or a renewed Certificate of Registration.
Frequently Asked Questions (FAQ)
What happens if I miss both the deadline and the 6-month grace period?
If you fail to file your Section 8 or Section 9 declarations by the absolute end of the 6-month grace period, the USPTO will permanently cancel your trademark registration. You will lose your federal protections and must start the entire expensive application process over from scratch.
Do I have to pay the USPTO renewal fee for every single class?
Yes. All USPTO trademark fees are strictly calculated per class of goods or services. For example, if your trademark covers both apparel (Class 25) and retail store services (Class 35), your standard combined Section 8 and 9 renewal will cost $650 multiplied by two classes, totaling $1,300.
Can I file a Section 15 declaration at the same time as my Section 8?
Yes, most applicants actively choose to file a Section 15 Declaration of Incontestability alongside their very first Section 8 declaration. This powerful legal move significantly strengthens your trademark against future legal challenges and costs an additional $250 per class.
Do I legally need a lawyer to file a Section 8 or 9 declaration?
If you physically reside in the USA, you are not legally required to hire an attorney to file your renewal. However, if you are a foreign-domiciled owner, federal law strictly requires you to use a US-licensed attorney. Regardless of your location, hiring a legal professional is highly recommended to ensure your specimens are accepted.
Are the USPTO filing fees refundable if my renewal is rejected?
No. The USPTO filing fees are non-refundable processing fees used to pay the examining attorneys for their time. Whether your declaration is ultimately accepted or rejected, the government keeps the money. This makes it crucial to submit highly accurate specimens the first time around.
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