How to Maintain a Trademark in the United States

Introduction

After registering a trademark with the United States Patent and Trademark Office (USPTO), it is essential to maintain it to avoid cancellation. First, the registered trademark must remain in continuous use in commerce. Additionally, specific maintenance documents must be filed at designated intervals to prove ongoing use of the trademark. Failure to submit these required filings by the prescribed deadlines may result in the trademark being cancelled, expired, or invalidated. This article explains in detail how to maintain a trademark in the United States. Register and maintain your U.S. trademark with the help of Auriga Accounting pvt. ltd. experts.

What Is Trademark Maintenance in the U.S.?

Trademark maintenance in the United States refers to the ongoing steps required to keep a federally registered trademark active and legally enforceable. It is not a one-time task. Trademark owners must continue using the mark in commerce and file specific maintenance documents with the United States Patent and Trademark Office (USPTO) at regular intervals. These filings demonstrate that the trademark remains in active use and continues to be distinctive in the marketplace. Proper trademark maintenance helps protect your brand, prevents cancellation, and ensures long-term legal protection.

Why Is Trademark Maintenance Important in the U.S.?

Trademark maintenance is essential for several reasons:

Preserves Legal Protection:
Maintaining your trademark strengthens your legal rights and allows you to take action against unauthorized use. A valid registration enables enforcement, helps prevent brand dilution, and may allow recovery of damages.

Prevents Cancellation:
Failure to meet maintenance requirements can result in the USPTO cancelling your trademark. Once cancelled, you lose nationwide protection and may be required to re-register the mark.

Maintains Brand Strength:
Consistent and proper use keeps your trademark distinctive and recognizable. Maintenance prevents genericization and ensures you retain control over how your brand is presented in the marketplace.

How to Maintain Your Trademark in the U.S.?

Below are the key requirements for keeping your trademark active in the United States.

Continued Use of the Trademark

The primary requirement for trademark maintenance is continuous use in commerce. Your trademark must be actively used in connection with the goods or services listed in the registration. To indicate federal registration, use the ® symbol alongside your mark. If a registered trademark is not used for three consecutive years with no intent to resume use, it may be considered abandoned and subject to cancellation by the USPTO.

Filing Maintenance Documents at Regular Intervals

To maintain your trademark registration, you must file specific post-registration documents with the USPTO as proof of continued use. These include:

Declaration of Use and/or Excusable Nonuse (Section 8):
A signed statement confirming that the trademark is in use or explaining acceptable nonuse. This must be filed between the 5th and 6th years after the registration date.

Combined Declaration of Use and Renewal Application (Sections 8 and 9):
This combined filing includes a declaration of use and a request to renew the registration. The first combined filing must be submitted between the 9th and 10th years after registration and every ten years thereafter.

Declaration of Incontestability (Section 15):
This optional filing allows the trademark owner to claim incontestable rights, provided the mark has been in continuous use for five years. It can be filed along with the Section 8 declaration.

Declaration of Use and/or Excusable Nonuse (Section 71):
Applicable to trademarks registered under the Madrid Protocol, this declaration confirms whether the mark is in use in the U.S. and follows a separate filing timeline based on the U.S. registration date.

Section 7 Amendment or Correction:
This filing allows updates to registration details, such as deleting goods or services that are no longer in use.

Note:
The USPTO provides a six-month grace period after the filing deadline for Section 8, Section 71, and combined Section 8 and 9 filings. Additional fees apply during the grace period.

Common Mistakes to Avoid During Maintenance Filings

Errors in post-registration filings can cause delays or lead to cancellation. Common mistakes include:

Incorrect Ownership Information:
Ensure that ownership details match USPTO records. Any changes must be properly recorded before submitting maintenance documents.

Listing Unused Goods or Services:
Only claim goods or services for which the trademark is actively used. Unused items should be removed during maintenance filings.

Improper Specimens:
Submitted specimens must clearly show the trademark in use with the listed goods or services and comply with USPTO specimen guidelines.

What Happens After Post-Registration Filings?

After submission, the USPTO reviews the maintenance documents. Possible outcomes include:

Notice of Acceptance:
Confirmation that the filing has been accepted and the trademark remains active or has been renewed.

Updated Registration Certificate:
Issued when a Section 7 amendment is approved, reflecting the updated information.

Office Action:
If issues are found, the USPTO will issue an office action requesting clarification or corrections. Failure to respond within the required timeframe may result in cancellation of the trademark registration.

About the Author

Dakesh

Dakesh simplifies complex legal regulations into clear, practical guidance, enabling entrepreneurs to remain compliant while building sustainable and scalable businesses with confidence.

January 8, 2026