Guide · How-to

The combined Section 8 & 9 renewal, explained

At the ten-year mark, your trademark needs more than a check-in — it needs a renewal. The year-10 filing is really two documents stapled together: a Section 8 Declaration proving you still use the mark, and a Section 9 Application to renew the registration for another decade. Here's what each half does, when the window opens, what it costs, and why this is the filing you cannot afford to sleep through.

Published 2026-07-14 · fees verified vs USPTO

What the combined Section 8 & 9 renewal actually is

The name is a mouthful, but the idea is simple. Starting at your tenth anniversary, the USPTO stops asking for a standalone declaration and starts asking for two things at once: a Section 8 Declaration of Continued Use (still proving you use the mark) and a Section 9 Application for Renewal (formally extending the registration for another ten years). Filed together, through a single TEAS form, they're what keeps your registration alive.

The two parts answer two different questions. Section 8 asks, are you still using this mark in commerce? Section 9 asks, do you want to keep the registration for another term? Both answers have to be yes, and both parts have to be filed and paid for, or the registration lapses. Think of it as one appointment with two forms — miss either and you've missed the whole thing.

The rhythm to memorize: your first Section 8 lands between year 5 and year 6. After that, the combined §8 & §9 comes due at year 10 — and then every 10 years for as long as you own the mark. There's no upper limit; a trademark can live forever, as long as you keep filing on time.

The §8 half: your Declaration of Continued Use

The Section 8 portion is identical in spirit to the declaration you filed years earlier. You're swearing, under oath, that the mark is still in use in commerce on the goods and services in your registration — and you're backing that oath with a specimen for each class.

A specimen isn't a picture of your logo; it's proof that a customer encounters your mark in the real marketplace. What the USPTO wants to see:

For goods — the mark on packaging, labels, or the product itself, or a live e-commerce listing showing the mark, a price, and a way to buy.
For services — advertising, a website, or signage that shows the mark and clearly describes the service you provide.
One valid specimen for every class you're maintaining — a goods specimen for goods classes, a services specimen for services classes.

The same traps apply as always: mockups and digitally altered images get refused, and over-claiming goods you no longer sell can trigger a post-registration audit. If you're rusty on what counts, our guide to Section 8 specimen requirements walks through accept-versus-reject in detail. This is also your chance to trim — go line by line and delete any goods or services you've stopped selling under the mark before you sign.

The §9 half: your Application for Renewal

The Section 9 portion is the pure renewal: a request to extend the federal registration for another ten-year term. It carries its own fee, per class, on top of the Section 8 fee. Where Section 8 is about evidence, Section 9 is about term — it's the part that resets your clock for another decade.

There's no separate specimen for Section 9 and no extra sworn statement about use beyond what Section 8 already covers. That's exactly why they're filed together: the §8 supplies the proof, the §9 supplies the renewal, and the combined TEAS form collects both fees in one submission. You don't file them on different days or through different forms — it's one filing with two components, and the system won't let you renew without also declaring use.

When the combined filing is due

The on-time window opens within the one-year period before each ten-year anniversary of your registration date and closes on the anniversary itself. So if your mark registered on March 1, 2016, your first combined §8 & §9 window runs the year leading up to March 1, 2026.

Miss the anniversary and you're not immediately dead — there's a six-month grace period, but it costs extra: a per-class grace surcharge on top of the regular §8 and §9 fees. The grace period is a safety net, not a plan; the smart move is to file inside the on-time window and skip the surcharge entirely. For how it actually works, see how the grace period works.

One number never moves: the anniversary. The USPTO doesn't send a final notice, and there's no late button once the grace period ends. Confirm your exact on-time and grace dates with our free deadline checker so the window is never a surprise.

What it costs, per class

Because the combined filing is two forms, it carries two government fees — and both are charged per class of goods or services. Filing yourself through TEAS, the fees are currently $325 per class for the Section 8 and $325 per class for the Section 9 — verify the current amounts on the USPTO fee schedule, since they do change. That's roughly $650 per class for a straightforward, on-time combined filing.

Slip into the grace period and you add a per-class surcharge for each part. And if your registration covers multiple classes, multiply everything — a three-class mark pays the §8 and §9 fees three times over. For a fuller breakdown, see what trademark renewal actually costs, and confirm the timing rules on the official USPTO maintenance page.

Watch the per-class math. Filing services often advertise a low "service fee" and then pass through the government fees separately, per class, at checkout. When you compare your DIY cost to a filing mill's quote, make sure you're counting the same classes and both the §8 and §9 fees — not one line item dressed up as the whole bill.

How year 10 differs from your first Section 8

The filing you did between years 5 and 6 was Section 8 only — a Declaration of Use with no renewal component, because your first ten-year term hadn't ended yet. At year 10 the term is up, so Section 9 joins the filing. That's the core difference: the first maintenance filing proves use; the year-10 filing proves use and renews.

First filing (5th–6th anniversary): Section 8 Declaration of Use only — one government fee per class.
Year-10 filing (and every 10 years after): combined Section 8 & 9 — two government fees per class.
Everything else is the same: the specimen rules, the six-month grace period, and the under-oath standard don't change.

The trap is assuming year 10 is "just another Section 8." File only the §8 and skip the §9, and your use is documented but your registration still expires for lack of renewal. The combined form exists precisely so you don't make that mistake — but you have to know both parts are in play. Sellers especially should map these dates against their Brand Registry enrollment; see our guide for trademark renewal for Amazon sellers.

Miss the window and the registration is gone for good

Here are the stakes, stated plainly: a registration cancelled or expired for a missed maintenance deadline cannot be revived. There's no petition to reinstate on the merits, no late-fee button after the grace period, and no appeal — because the failure was paperwork, not a dispute about the mark. The office simply stops treating your registration as live.

What that costs you is the entire bundle a federal registration carries: the nationwide presumptions, the right to use the ® symbol, your original priority date, and — for sellers — the Amazon Brand Registry access that rides on an active registration. The only way back is a brand-new application with a new filing date, which resets years of priority to zero. For the full picture, read what happens if your trademark expires.

Frequently asked questions

What's the difference between Section 8 and Section 9?

Section 8 is the Declaration of Continued Use — a sworn statement, backed by a specimen, that you're still using the mark in commerce. Section 9 is the Application for Renewal, which extends the registration for another ten-year term. At year 10 you file both together in one combined TEAS submission, and each carries its own fee per class.

When is the combined Section 8 and 9 renewal due?

Within the one-year period before your tenth anniversary, closing on the anniversary itself — and then every 10 years after that. There's a six-month grace period afterward, but it adds a per-class surcharge on top of both the §8 and §9 fees. The anniversary date never moves, and there's no reinstatement once the grace window closes.

How much does the combined Section 8 and 9 filing cost?

Filing yourself through TEAS, the government fee is currently $325 per class for the Section 8 and $325 per class for the Section 9 — roughly $650 per class combined, and multiplied by every class in your registration. Fees change, so verify the current amounts on the USPTO fee schedule before you file. Grace-period filing adds a per-class surcharge.

I already filed a Section 8 — do I have to do it again at year 10?

Yes. Your first Section 8 (due between the 5th and 6th anniversary) was a Declaration of Use only. At year 10 you file the Section 8 again, this time paired with a Section 9 renewal. Filing the §8 alone documents your use but doesn't renew the registration — skip the §9 and the mark still expires.

The year-10 filing has two parts — miss either and you miss the whole thing. Confirm your exact combined §8 & §9 dates in ten seconds, no account and no email: run your mark through the free checker →. For a brand your business depends on, a $49/year watch tracks every maintenance deadline and status change straight from the official record, so a permanent cancellation is never how you find out.

General information, not legal advice. RenewMark is an independent service and is not affiliated with the USPTO. Fees and rules change — confirm your specifics against the official record at tsdr.uspto.gov and uspto.gov before relying on anything here.