Guide · Maintenance

The Section 8 Declaration of Use, explained

The single filing that catches more do-it-yourself trademark owners off guard than any other — because it comes years after you’ve stopped thinking about your registration.

What it is

A U.S. trademark registration isn’t “set and forget.” To keep it, you have to periodically tell the USPTO — under oath — that you’re still using the mark in commerce. The first of these filings is the Section 8 Declaration of Use (named for §8 of the Trademark Act, 15 U.S.C. §1058). If your registration is based on an international (Madrid Protocol) registration, the equivalent is a Section 71 declaration.

When it’s due

The first Section 8 declaration is due between the fifth and sixth anniversary of your registration date. In other words, the filing window opens on your 5-year anniversary and the on-time deadline is your 6-year anniversary. After that you’re into the grace period (more below).

Then it keeps coming. A Section 8 is also due with every 10-year renewal — filed together as a combined Section 8 & 9 at years 10, 20, 30, and so on. Your registration certificate’s date is the anchor for all of it.

What you have to submit

A sworn statement that the mark is in use in commerce on the goods/services in the registration (or a valid reason for any that have dropped off).
A specimen showing real-world use for each class — e.g. a product label, packaging, or a live listing page. The USPTO has tightened specimen scrutiny in recent years, so a clean, current example matters.
The filing fee, currently $325 per class for a Section 8 (verify the current amount on the USPTO fee page).

What happens if you miss it

If the 6-year deadline passes, you get a six-month grace period (with a surcharge). If that passes without a filing, the USPTO cancels the registration. There is no appeal and no reinstatement for simply forgetting — your only path back is filing a brand-new application and starting the clock, the priority, and the examination over from scratch. For an Amazon seller, that also means losing the Brand Registry that was tied to the registration.

Want to know your exact Section 8 window? Run your serial number through the free checker →

This guide is general information, not legal advice, and RenewMark is not affiliated with the USPTO. Rules and fees change — confirm the specifics for your mark on TSDR and uspto.gov.