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Section 8 Deadline: When Your Trademark Declaration Is Due
The Section 8 Declaration of Continued Use is the first maintenance filing that keeps a US trademark alive — and the one self-filers most often miss.
When the Section 8 is due
You must file the Section 8 Declaration of Continued Use between the 5th and 6th anniversary of your registration date. This is the on-time window with no surcharge.
After the 6th anniversary, a 6-month grace period opens. You can still file during grace, but you pay an additional per-class late fee.
The deadline that actually matters
It is a common and costly misconception that the 6-year anniversary is the final deadline. It is not. The true irreversible cliff is the END of the 6-month grace period — roughly 6.5 years after registration.
Miss the end of grace and the registration is cancelled. There is no reinstatement and no revival. You lose the registration and its original priority date, and you must re-apply from scratch.
What you must show
The Section 8 declares that the mark is still in use in commerce on the goods/services in the registration (or that any non-use is excusable), typically with a specimen of use and the required fee per class.
This page does not file for you and is not legal advice. Verify the current requirements and your exact dates in your official USPTO records.
FAQ
- Is the Section 8 deadline 6 years?
- The on-time window closes at 6 years, but a 6-month grace period (with a late fee) follows. The irreversible deadline is the end of grace, about 6.5 years after registration.
- Can I revive a cancelled registration after missing Section 8?
- No. A registration cancelled for failure to file Section 8 cannot be revived or reinstated. You would have to file a brand-new application and lose your original priority date.
⚠️ Not legal advice. Verify deadlines with the USPTO. Dates are computed from public USPTO TSDR records and may lag or contain errors. Confirm your Section 8 window and grace-period cliff in your official USPTO records before relying on this.