A missed trademark deadline can cost companies millions in brand value and legal fees. Not from a market crash. Not from competition. But from paperwork errors that threaten trademark protection. Through trademark maintenance gaps, corporate giants and startups can lose their brand identities overnight.
The United States Patent and Trademark Office (USPTO) records tell the story. McDonald’s defends its golden arches through constant vigilance, while Coca-Cola strictly protects its bottle design. These cases prove that even the most prominent brands must fight to preserve their trademarks.
Thousands of trademarks expire in the USPTO database yearly due to missed maintenance deadlines. A trademark’s strength lies not in its recognition but in its maintenance — a fact many business owners discover too late.
What is Trademark Maintenance?
Trademark maintenance keeps your registered mark legally protected and active. The USPTO requires two things: actively using your trademark in business and submitting specific documents at set intervals. Without proper maintenance, your trademark rights can expire even if you’ve used it for decades.
Miss set deadlines, and the USPTO cancels your registration. You’ll lose federal protection, allowing competitors to use your mark. Many businesses learn this the hard way. That’s why larger companies employ legal teams dedicated solely to tracking and filing these requirements.
Along with regular maintenance filings, trademark owners can strengthen their rights by filing for incontestability after five years of continuous use. This status provides enhanced legal protection against challenges to your mark’s validity.
International trademark owners using the Madrid Protocol system must also maintain their marks. However, they follow slightly different rules and must renew directly with the World Intellectual Property Organization (WIPO) International Bureau.
How are Trademarks Maintained?
The USPTO maintains strict requirements for trademark maintenance. Your first filing comes between years 5 and 6 — a Declaration of Use submitted through their website. The next major deadline hits between years 9 and 10 when you’ll need both a Declaration of Use and a Renewal Application. After that, the same combined filing is required every decade to keep your mark active.
Missing deadlines isn’t the end of the world, as the USPTO offers a six-month grace period. However, this safety net comes with a price tag: an extra $100 fee per class of goods or services. While it’s good to know this option exists, smart businesses file on time to avoid the additional expense and the risk of completely missing the grace period.
Each maintenance filing requires proof that you’re actively using your trademark in commerce. You must submit specimens, typically photos of your products, packaging, or advertising materials showing the mark exactly as registered. Failure to prove active use or submitting incorrect specimens can cancel your registration.
Do Trademarks Have Maintenance Fees?
Yes, maintaining a trademark involves regular fees paid to the USPTO. Currently, a Declaration of Use (Section 8) costs $225 per class of goods or services if you file electronically through the Trademark Electronic Application System (TEAS). For the combined Declaration of Use and Renewal (Sections 8 & 9) that’s due every 10 years, you’ll pay $525 per class.
If you miss the standard filing deadlines, a six-month grace period is available, but it costs an extra $100 per class on top of the regular fees. So, a late Declaration of Use would cost $325 per class, and a late combined filing would run $625 per class, as of 2025.
Why is Trademark Maintenance Important?
Trademark maintenance protects your brand’s identity and market position in ways you can’t afford to ignore. Once your registration gets canceled — which happens automatically if you skip maintenance — you lose federal protection for your mark. This can happen even after years of building brand recognition.
Without an active registration, competitors might legally start using similar marks, confusing your customers and weakening your brand’s value. Even more concerning, someone else could register your mark and legally prevent you from using it — even though you created it.
Regular maintenance is insurance for your brand. The cost and effort of filing maintenance documents are minimal compared to your investment in building brand recognition. It preserves your legal rights, lets you fight infringement effectively, and helps maintain your competitive advantage in the marketplace.
Wrapping Up
Maintaining a trademark is simple, but it does require attention to detail and careful timing. The USPTO’s requirements are straightforward: file your maintenance documents on schedule, pay the fees, and prove you’re actually using your mark in commerce. Miss any of these elements, and you risk losing the federal protection you’ve worked so hard to establish.
Before you file for a trademark or submit maintenance documents, it’s crucial to check whether anyone else has started using similar marks since your registration. This helps you to avoid potential issues and save time and money.
Want to run a comprehensive trademark search? Our Trademark Research Service can help you get a clear picture of your mark’s position in today’s marketplace.
