What is a Section 9 renewal?

A Section 9 renewal is the application used to renew a federal trademark registration. At the 10-year maintenance periods, it is generally filed together with the required Section 8 declaration.

Trademark maintenance deadlines are measured from the federal registration date, not the original application filing date. Owners should keep their contact information current and monitor the USPTO record so important deadlines are not missed.

Federal can remain active indefinitely, but only if the owner continues to meet legal requirements. Unlike a patent with a fixed term, a trademark registration must be maintained through continued qualifying use and periodic filings with the USPTO.

For most U.S. registrations, a Section 8 declaration is due between the fifth and sixth anniversaries of registration. A combined Section 8 and Section 9 filing is generally due between the ninth and tenth anniversaries and every 10 years thereafter. A six-month grace period is generally available after these deadlines with additional fees.

A Section 8 filing is a declaration to the USPTO confirming continued use of a registered mark in commerce, or qualifying excusable nonuse, for the goods and services that will remain in the registration.

A Section 9 filing is the application to renew a federal trademark registration at the applicable 10-year renewal intervals.