You bought a house? You own it forever. You bought a Trademark? You only own it as long as you use it.

The USPTO hates “Deadwood”—trademarks that are sitting on the registry but aren’t actually being used. So, between the 5th and 6th year after you register, they demand proof that you are still in business.

If you miss this deadline, your trademark is cancelled. Instantly. No excuses.

But this isn’t just a maintenance fee; it’s an opportunity to upgrade your trademark to “Super Status” (Incontestability). To keep your registration active, the USPTO requires you to prove that you are still using the mark in commerce. This is done through a combined filing of Section 8 & 15 Declarations. These filings must be submitted between the fifth and sixth anniversaries of your registration date. While a grace period of six months is available for an additional fee, missing this window entirely results in the automatic cancellation of your trademark.

The Section 8 Declaration is a mandatory “Affidavit of Continued Use.” You must provide a current specimen showing the mark as it is actually being used on your goods or services. If you have stopped using the mark for any reason, your registration will be cancelled unless you can prove “excusable non-use.” The Section 15 Declaration, on the other hand, is technically optional but highly recommended. It is a “Declaration of Incontestability.”

The Two Filings (Usually Done Together)

Between Year 5 and Year 6, you will usually file a “Combined Declaration.” Here is what the numbers mean:

1. Section 8: “I’m Still Here” (Mandatory)

• The Statement: “I declare that I am still using this trademark in commerce for the goods listed.”
• The Proof: You must submit a new specimen (a current photo of your product) to prove you didn’t go out of business last year.
• The Consequence: If you don’t file this, your registration is cancelled.

2. Section 15: “I’m Bulletproof” (Optional but Smart)

• The Statement: “I declare that I have used this mark continuously for 5 years and no one has sued me.”
• The Benefit: This grants you “Incontestable Status.”
• Why it matters: Once you are Incontestable, it becomes very difficult for someone to cancel your trademark on the grounds that it is “merely descriptive” or they had prior rights. It solidifies your ownership.

Plain English Explanation

After you have owned your trademark for five years, you have to check in with the government to show them you are still using it. You do this by sending in a current photo of your brand on your products. At this same time, you can also file a special request to make your trademark much harder for other people to challenge in court. If you forget to do this check-in during the one-year window after your fifth anniversary, the government will cancel your trademark entirely.

The TL; DR Summary

Section 8 and 15 filings are maintenance documents due between the 5th and 6th year of registration. Section 8 is a mandatory proof of continued use accompanied by a specimen. Section 15 is an optional filing that grants incontestable status to a mark. Failure to file Section 8 results in registration cancellation.

Key Takeaways

• The Window: You can only file this between the 5th and 6th anniversary of your registration date.
• Incontestability: This is the biggest milestone in a trademark’s life. Don’t skip Section 15.
• Audit Risk: The USPTO is cracking down. If you aren’t selling it, delete it.