The 5‑Year Check‑In: Keeping Your Trademark Active

Congratulations—your trademark is officially registered. But if you want to keep those rights, you need to check in with the USPTO at year five. Your trademark won’t protect itself.

Here’s what you need to know about the 5-year trademark maintenance filing, why it matters, and what happens if you miss it.

Why the 5-Year Filing Matters

Between the fifth and sixth year after registration, you must file a Declaration of Continued Use (Section 8). This tells the USPTO you’re still actively using your trademark in commerce.

Without it, your registration will be canceled—even if you’re still using your mark.

What You Need to File

You’ll need to submit:

• A signed statement confirming continued use of your trademark
• A current specimen showing how the mark is used (e.g. packaging, website, ads)
• The government filing fee (typically $125 per class)

If you’re no longer using the mark for certain products or services, you can delete those—but the mark must still be in use for at least one item in each class.

Should You Also File a Section 15 Declaration?

At the 5-year mark, you may also be eligible to file a Section 15 Declaration of Incontestability. This strengthens your registration by limiting certain legal challenges.

It’s optional—but valuable—especially if you want to defend your mark against future disputes. Your mark must be in continuous use for five years and not be involved in legal proceedings.

What Happens If You Miss the Deadline?

If you don’t file your Section 8 Declaration between years 5 and 6, your trademark registration will be canceled. There is no automatic reminder from the USPTO.

Once canceled, you’ll need to reapply from scratch—and risk losing priority or facing new conflicts.

Final Thoughts

Trademark rights only stay active if you take care of them. The 5-year check-in is your first big milestone—and missing it can erase everything you’ve built.

If you’re unsure about timing, eligibility, or what to submit, a trademark attorney can handle the filing and keep your brand protected without stress.

Make your mark—Tampa’s trademark attorney protects it.