Registering a trademark with the USPTO isn't the end of the process. Between years 5 and 6 of registration, there's a required filing — and missing it can cancel a registration you've maintained for years.
What is a Section 8 Declaration of Use?
Its formal name is the "Section 8 Declaration of Use." It's a sworn statement filed with the USPTO confirming that your registered trademark is actually being used in commerce. A trademark registration isn't something that lasts forever just because it was granted — you have to periodically prove it's actually in use to keep it alive.
When do you need to file it?
You need to file within a one-year window that runs from your 5th to your 6th anniversary of registration. Miss that window, and there's still a 6-month grace period (for an additional fee) that starts the day after your 6th anniversary. But miss the grace period too, and the registration is cancelled — with no way to revive or recover it. You'd have to start the registration process over from scratch.
What you need to file it
You need at least one specimen showing actual use for each class of goods/services in your registration, plus the required fee. If a class isn't actually in use, that portion of the registration can be deleted.
What comes after that?
Section 8 has to be filed once between years 5-6, then again between years 9-10 (this time alongside the Section 9 renewal), and then every 10 years after that. In other words, a trademark isn't a one-time registration — it's an asset that has to keep proving it's "alive" to stay valid.
Why do so many brands miss this?
The core issue is that there's no automatic reminder by default. The USPTO does send courtesy reminders if the registrant's email on file is current, but the safest approach is to mark the deadline on your own calendar directly, or have a trademark management service or attorney track it for you.
Key takeaway
A USPTO trademark registration stays valid only if you file a Section 8 Declaration of Use between years 5 and 6. There's a 6-month grace period if you miss that window, but miss the grace period too and the registration is permanently cancelled with no way to recover it. Since another filing is required again at years 9-10, it's worth marking your registration anniversary and deadline on a calendar well in advance.