Maintaining Your Trademark: Renewals, Affidavits, and Continued Use

A common misconception in 2026 is that Trademark Registration is a “one-and-done” event. In reality, a trademark is more like a professional license: it must be maintained and proven to stay valid. If you miss a deadline, the USPTO will cancel your mark, and a competitor could swoop in to claim your name. At Secure Mark USA, we manage these timelines so you never lose your rights.

1. The Timeline of Protection

The USPTO requires specific filings at key intervals:

• The 5-6 Year Mark (Section 8): You must file a “Declaration of Continued Use.” This proves you didn’t just register the name and sit on it; you are actually using it in commerce.
• The 9-10 Year Mark (Section 9): This is the formal renewal. You must file a combined Section 8 & 9 to extend your protection for another decade.
• Every 10 Years Thereafter: You must repeat the Section 8 & 9 filings indefinitely.

2. The 2026 Fee Update

As of 2025/2026, the USPTO has increased maintenance fees to encourage “registry cleaning.”

• Section 8 Filing: $325 per class.
• Combined Section 8 & 9 Renewal: $650 per class.
• The Grace Period Surcharge: If you miss your deadline, you have a 6-month grace period, but it comes with a $100 to $200 surcharge per class.

3. Proving Use: The Specimen Audit

In 2026, the USPTO has increased its “Post-Registration Audit Program.” They now randomly select registrations and demand proof of use for every single item listed in your filing.

• The Risk: If you registered for “Shirts, Hats, and Socks” but only sell “Shirts,” the USPTO may cancel your entire registration if you can’t provide specimens for the others.
• The Secure Mark USA Solution: We conduct a “pre-audit” of your maintenance filings, ensuring your specimens are current and compliant with 2026 standards.